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Ex Partner Who Has an AVO on Me Won't Back Off

Discussion in 'Criminal Law Forum' started by shafted, 30 June 2014.

  1. shafted

    shafted Member

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    Hi Hoping you can advise me with my ex partner. She has recently made a false allegation of assault against me and i have pleaded not guilty to the Magistrate. It seems as though with family violence matters you are guilty until proven innocent...The magistrate has set bail with an AVO which states no approaching her or our home and only contact to her to organise myself to see my children through a lawyer!

    My oldest boy 12 has his own mobile phone so I can call him and vice versa [I dont live at the family house] and for weeks my ex has been keeping his phone on her and stopping me from speaking to him [before any orders were in place] which is part of the reason I am in this position.

    If I do get lucky and he picks up the phone she puts it on speaker phone disrupts our conversation and usually takes phone off him after a min and unleashes hell on me. She also uses his phone to text me and leave aggressive voice messages on. No doubt when I text her on my son's phone to ask her to stop controlling my son's phone and stop using him as a weapon to provoke and frustrate me. I am breaching my AVO/BAIL conditions......But she is the one making it happen....and she has no right to stop me contacting my kids...The result is i haven't seen them in 2 weeks.

    What should I do about it ? Is she allowed to contact me and come within 100m of me?
    What will happen if I bite the bullet and show the police her true colors ??
    Thanks
    Shafted
     
  2. Amanda E

    Amanda E Well-Known Member

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    Hi Shafted,
    It seems that this fell through the cracks - how did you go/are you going with it?
    Have you had a look at Legal Aid NSW's "Is someone asking the court to make an AVO against you?" page - or been able to get in contact with a criminal and/or family lawyer (perhaps at your community legal centre)?
     

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