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

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15 January 2016
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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?
 

TKC

Well-Known Member
12 January 2016
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Sydney
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.
 
15 January 2016
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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.
 

Ponala

Well-Known Member
10 February 2015
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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.