NSW Male flatmate taken out ADVO against other male flatmate

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ECam

Member
22 August 2021
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Hello
Hoping I can get some advice/insights to this situation. My son and his girlfriend were living with another male (and his gf), for the purpose of my question I’ll call this flatmate Ronny. Things had become tense amongst the two couples in recent weeks and my son and his gf had noticed Ronny had been behaving quite erratically this particular week to the point where they had wondered if Ronny was having a drug induced psychosis (Ronny had been doing psychedelic drugs the weekend prior). One evening Ronny through a closed bedroom door, started falsely accusing my son’s gf that she and my son had provided Ronny’s details to someone whom’s motor vehicle had been hit. Ronny was making threats and harassing my son’s GF (not knowing that my son was also in the bedroom at this stage). Things started to escalate and my sons gf was feeling very frightened. My son then opens the bedroom door and yells at Ronny that if he doesn’t stop intimidating his GF “I’ll take care of you” (or words to that effect). Ronny then calls the police and my son has had an ADVO placed on him. Ronny has also (in the past 12 months) had an AVO issued against someone he had an altercation with in the surf. My son and his GF chose to move out of the house the following day.
My question is, how is it possible that an ADVO can be issued by the police in a situation where two male flat mates have had a verbal altercation (no physical contact whatsoever occurred). and secondly, what are the chances of it being removed if my son wants to defend it? Thanks you for any advice.
 

Tim W

Lawyer
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28 April 2014
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If the police attended then taking out the order is part of their usual procedure.
Chances are, the applicant will be the Police, even if the PINOP is the housemate.

It can help to remember that a person is not suddenly a criminal because they're on the receiving end of an ADVO etc.
It's not an offence to be restrained by such an Order - it's only an offence to breach it once it's made.
All your son has to do is... Turn up to Court on the day, consent to the Order (that is, looking like the sensible and reasonable one)
and then, not do any of the things.... that he's not going to do anyway.
 

ECam

Member
22 August 2021
2
0
1
If the police attended then taking out the order is part of their usual procedure.
Chances are, the applicant will be the Police, even if the PINOP is the housemate.

It can help to remember that a person is not suddenly a criminal because they're on the receiving end of an ADVO etc.
It's not an offence to be restrained by such an Order - it's only an offence to breach it once it's made.
All your son has to do is... Turn up to Court on the day, consent to the Order (that is, looking like the sensible and reasonable one)
and then, not do any of the things.... that he's not going to do anyway.
Thank you for your reply Tim. It’s most appreciated. It is though to us the principle of the matter, ie my son does not deserve to have this very unjustified order placed on him and wants it removed. What I fail to understand is how on earth after two male flat mates who have had a verbal only disagreement, does one of them get this black mark against them made. The injustice of this is simply not fair.