SA Grounds for Intervention Order to Continue?

[f***ed over]

Hi,

Can anyone tell me if there is no charge or the charge that was originally laid to have an interim intervention order placed on me has been withdrawn? Is there still grounds for the order to continue or will it be thrown out?

 

[sammy01]

You're gonna have to give some more detail. Is it an AVO or a family law intervention order?

So I"m assuming your partner took an AVO against you and has now asked for it to be withdrawn? The cops will refuse, it will have to go in front of the magistrate and the magistrate might refuse to throw it out if he thinks there are grounds for it to remain

 

[f***ed over]

OK, the police were called by my ex who said that I had assaulted her. There were no marks or scratches nor did she want to go to hospital.after being taken to the police station. I was served with an interim IO, along with being charged with assault, only to find out after making enquiries that there is no record of an assault charge being laid, even though I was handed a copy of the affidavit at the first hearing.

I'm just wondering how this can continue if there is no actual assault .

 

[Rod]

I'm just wondering how this can continue if there is no actual assault .

The affidavit was to do with the AVO. It should carry little/no weight if you contest the AVO as there is no evidence of an assault.

A charge of assault is something totally different to the AVO, don't mix them up. It may be the police will do nothing about the reported assault because they have no evidence.

 

[f***ed over]

I'm confused. The affidavit was handed to me for the assault charge which is no longer there. The AVO or IO in South Australia is Interim issued by the police not her.

I don't know if I'm making a lot of sense here and probably just confusing you as much. But I do appreciate your help.

 

[Rod]

Yep, I'm confused as well. Not sure what you mean when you say the assault charge is no longer there.

What did the police give to you saying you have been charged, and what crime did it say you committed? Or did they just arrest you, interview you and say we may charge you?

Why do you say the 'charge is no longer there'? Did police give you a notice saying they are not continuing with the charge?

 

[MartyK]

Is it possible that there is no criminal 'charge' and that the assault mentioned to you relates only to the interim intervention order?

Is there a date that you need to attend Court?