LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Getting an AVO on Someone Defaming You?

Discussion in 'Criminal Law Forum' started by Leanne19770, 26 June 2015.

Tags:
  1. Leanne19770

    Leanne19770 Member

    Joined:
    26 June 2015
    Messages:
    1
    Likes Received:
    0
    Can you get an AVO on someone who is defaming ( defamation) you?
     
  2. Steve500

    Steve500 Well-Known Member

    Joined:
    10 March 2015
    Messages:
    60
    Likes Received:
    3
    Leanne19770
    A good question I don't know?
    But I'll have a try
    -You can certainly get an AVO/or restraining order out against someone who is defaming you, not to make personal contact with you.
    -If there making defamatory statements to others, not in your company a bit hard, as that's up to the individuals if they want to, or not want to hear there opinions that may be defamatory, not the person being offended/defamed.
    -Best way if it really impacts you is to sue them for defamation.
     
  3. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,715
    Likes Received:
    402
    Stopping the publication of defamatory material is not usually the purpose of an Apprehended Violence Order.
    Even though the usual conditions almost always include not to assault, threaten, harass, intimidate,
    and usually, not to contact or approach a person, these do not have the effect of stopping a person
    defaming someone to a third person.
    I am not at all sure what this statement means.
    Or, you could start with a "cease and desist" letter, and then (depending on the facts and circumstances) escalate to an injunction if you need to.
     

Share This Page

Loading...