NSW How to Defend a Minor AVO Breach?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

SilverF0X 777

Active Member
2 September 2018
5
0
31
I was arrested and court date is set one week from now for minor breach of an AVO.

1 month until the end of a two-year AVO and a two good behaviour bond. My ex has become upset at the reversal of child support when my son moved into my home. Despite orders of non-contact, we often communicated solely through email over the last 18 months (three teenagers to co-ordinate made it almost impossible not to do so). None of this contact can be construed in any way as abusive or threatening.

She submitted several emails to police to show breach of AVO (non-threatening and regarding our children). My ex is employed by NSW police and her area of work gives her a thorough working knowledge of the system and avo's.

There is absolutely no ignorance of the law and this is a blatant attack on my person and may be costly and far reaching as my good behaviour bond was part of a section 10 that I fought hard to obtain. How do I plea to such a charge?

Technically it is guilty, but is no more than communication about our children and an act of malice, now that it suits my ex to wield this sword.
 

sammy01

Well-Known Member
27 September 2015
4,335
631
2,894
Spend $$$$ on a solicitor. Forget trying to self represent on this one.

How old are the kids and how did they come to be in your care?
 

SilverF0X 777

Active Member
2 September 2018
5
0
31
One foster child, girl 14 years, son 17 years, in my care and eldest son now 20 years. My 17-year-old son now in my care was kicked from home by his mother in January for (I'm told) consistently disobeying her and arriving home one day with a nose piercing which was the final straw for her.

Requests for child support payments where I was met with derision and abuse which was then put in the hands of child support which ruled in my favour with payments required through the agency.

This is her response to me following the law regarding child support. This jepordises, my job, my future and supporting my son as well as the emotional cost on me and my son. Abuse of the system by someone in the system and I'm unsure how to convey this in court.

Pleading not guilty comes across as dishonest. Pleading guilty may impact my good behaviour bond.
 

Migz

Well-Known Member
20 November 2016
325
43
719
Isn't one of the clauses in the AVO (a) No contact, unless in relation to the children?
 

SilverF0X 777

Active Member
2 September 2018
5
0
31
A follow up on the result of this one.
I employed a lot kick ass solicitor.
We demonstrated in her emails that she gave written permission for Email communication and we had her called to give testimony. On appearing at the court house she refused to take the stand.
Prosecution, after seeing evidence and pinops failure to testify. Dropped charges in return for one year further of previous advo orders.
Took the deal as per advice. But boy ! Do I wish she had taken the stand and watched her lies unravel all the way back to the initial charges.
A detailed complaint was sent too police regarding pinops actions, false statements etc.
6 months later ( after " investigation" ) =
A slap on the wrist for " Use of workplace computer "
Those bits of injustice and the male side of inequality that fall through the cracks.......

Advo's have become the antidepressants of the 90s !
And Funnily enough, it's resulting in the perpetuating use of above example.