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VIC Family Member Breached AVO - How to Keep Relative from Jail?

Discussion in 'Criminal Law Forum' started by sunshinegriffin, 15 January 2016.

  1. sunshinegriffin

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    Hi. A family member of mine has serious drugs problem and has spiralled out of control over the last few years. They are also mentally unwell.

    An AVO was made against them but they breached it several times, not violently or anything, but still breached. Recently, they were arrested for breaching the order but, by chance, an illegal weapon was found. It was theirs apparently. What should my family do under Criminal Law to keep our family member out of jail?
     
  2. TKC

    TKC Well-Known Member

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    Get him/her into the mental health unit of your local hospital. Your lawyer can then argue along those lines, which will make jail an unlikely sentence, without knowing all of the particulars, obviously.
     
  3. sunshinegriffin

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    They were arrested and taken to an assessment prison without warning to our family already, can we still get them moved to a mental health facility before the court date (which is in a month)? The weapon was a gun.

    Thanks for replying.
     
  4. sunshinegriffin

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    It wasn't licensed. Thank you very much for your answers, I'll get onto that later today.
     
  5. Ponala

    Ponala Well-Known Member

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    No, you can't get them moved to a mental health facility. Unfortunately, being an adult, it is up to them to say they are mentally unwell and ask for an assessment whilst in prison.

    Has he got legal representation? If so, suggest to them that he should get a mental health assessment prior to the next court date. If the prison thinks he is mentally unwell themselves they will get him mentally assessed.
     

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