NSW How to Get AVO from Daughter Taken Off?

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Sengiy00

Well-Known Member
17 October 2014
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71
Hi everyone,

I have an out of control 15-year-old daughter that goes to my elderly (81-year-old) parent's house and exploits them for money. She is also very verbally abusive towards them. My mother called me and said I need to get her out of there and I knew it was serious because she normally likes to keep the peace and covers up for her.

I went over there and she would not leave. I was silly and tried to drag her out because I was worried for my mum. My daughter fell when trying to get her out and she made up lies about what happened. I was charged with common assault and assault occasioning actual bodily harm. I also had an AVO taken out (even though we are still allowed to be in the same house). There is more detail but it would take too long to write and this is the basics of what happened.

The next day she said sorry after she calmed down. I was told it's too late and the charge and AVO will need to be sorted in court. I have pleaded not guilty and the main court date is in 6 weeks or so.

I am in the security industry and also had an application in for the police. The charge and AVO will ruin that. My lawyer is confident about the charges getting thrown out. He said though the AVO will probably stay (that will destroy my chance of joining the police). Is there any way to get off the AVO?

Many thanks.
 

Iamthelaw

Well-Known Member
13 September 2016
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794
I assume there is an interim order in place? Yes, you can contest the order at the hearing - Your lawyer will be able to explain the full process. Why does he say the AVO will probably stay?

Perhaps your daughter could make contact with a lawyer (different to yours) and make a subsequent statement about what actually occurred.
 

Sengiy00

Well-Known Member
17 October 2014
16
0
71
Thank you for that. Yes there is an interim order in place now. He said the AVO is not beyond reasonable doubt. He said they normally leave the avo in place because it is not a conviction. Problem is it will ruin my policing career. He said it will probably stick 80%.
 

Sengiy00

Well-Known Member
17 October 2014
16
0
71
Also I was told that once the AVO has been granted, Police cannot drop it and it will need to go to Court, is that right?
 

sammy01

Well-Known Member
27 September 2015
5,154
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Yes, that is correct.

Mate even with the interim AVO in place you need to be careful. If belligerent teen wants to argue with you and then calls the cops you will be in a world of pain...

I'd consider getting a second opinion on the chances of the AVO getting dropped.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Based on your post I can't see the assault charge being proved at court.

You were evicting a trespasser from your parents house with their permission and only used reasonable force.

Also your daughter, if she is truely sorry, can refuse to testify at court. Court may not agree, but she should at least tell the prosecution she will not testify. Check this with your lawyer.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
If you have a lawyer, then ask them your questions.
That's what you are paying them for.

It's not really proper for lawyers here to second-guess, on partial information,
what another lawyer may or may not have told you.

Tell your lawyer the whole story. For example, does your lawyer even know
that you aspire to a police career?
Give your lawyer some truthful material to work with, and it might help.
 
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Sengiy00

Well-Known Member
17 October 2014
16
0
71
Thanks for all the help.

My first lawyer left the firm and I heard nothing at all from them for about a month and then they handed it into another lawyer who seemed better but very busy and has not given much advice. The advice he gave conflicted with the first lawyer (from the same firm).

I am probably going to find another lawyer as a lawyer friend of mine has recommended someone. Sadly I have already waste nearly $4000 of the current firm. Yes they know the whole story
 

Sengiy00

Well-Known Member
17 October 2014
16
0
71
For something like this would it be useful if neighbours have stat decs on what her behaviour was like (at times drunk and aggressive)? Also I have some videos on my phone of what she does if they ask her to go home (she refuses and swears at them). I don't have a video of the day in question though just before and after.
 

Iamthelaw

Well-Known Member
13 September 2016
412
86
794
For something like this would it be useful if neighbours have stat decs on what her behaviour was like (at times drunk and aggressive)? Also I have some videos on my phone of what she does if they ask her to go home (she refuses and swears at them). I don't have a video of the day in question though just before and after.
Could be helpful. Best to give everything to your lawyer.