NSW Overturning ADVO After Assault Conviction is Quashed?

Discussion in 'Criminal Law Forum' started by Jdm, 21 February 2019.

  1. Jdm

    Jdm Member

    Joined:
    21 February 2019
    Messages:
    2
    Likes Received:
    0
    I recently had a conviction for common assault quashed after an all grounds appeal. In the appeal hearing, the magistrate decided to give a Prasad direction. The resulting ADVO from the original hearing, however, is still in place as the magistrate stated she did not have jurisdiction.

    Given the conviction for which I received the ADVO has now been thrown out, can anyone help with how likely I am to win if apply to have the ADVO overturned or varied? The magistrate gave very adverse findings in regards to the complainant's credibility, reliability, motivation and conduct throughout the hearing. Could these findings be used to help overturn the ADVO?

    Any guidance on how I should proceed would be greatly appreciated.

    Thanks
     
  2. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    3,108
    Likes Received:
    425
    Is there any reason to have the ADVO overturned? Do you have kids with this person, for example?
    So sure, you could seek some legal advice (solicitor) about how to proceed. But it is gonna cost $$$. I reckon a week on a beach in Bali is a better way to spend the $$$.

    Sometimes an AVO is a beautiful thing... It should keep the applicant from contacting you... Peace and quiet... So my thoughts are don't bother. If there are kids involved then spend your money on getting court orders that stipulate when you see the kids rather than spending it on fighting an AVO...
     
  3. Jdm

    Jdm Member

    Joined:
    21 February 2019
    Messages:
    2
    Likes Received:
    0
    Thanks for the reply Sammy. There are 2 kids involved which she has refused me regular access to over the past 12 months since seperation. I have the first reply date for interim family court orders next month. Between my criminal apppeal hearing and the family court matter i have spent close to $50k fighting to clear my name and see my kids, so legal costs are an issue now. I dont want to contact my ex for any other reason other than discussing matters relating to the children but my concerns are: a) does the current advo against me impact the magistrates decision when giving the court orders i.e. will the advo affect my chances of getting regular unsupervised visits? & b) if court orders are in place does that mean i can communicate with my ex in relation to matters involving the children if the ADVO exists eg. (Discussing drop off pick up times for vistits etc).
    If i proceed with applying to overturn the ADVO i am seriously considering representing myself. I see this as a bit of a free kick given family court orders overpower the local court orders so at the end of the day even if my attempt is unsuccessful I can still see my kids provided the family court orders allow for this. Do you have any tips on how i should proceed if i represent myself? Thanks again
     
Loading...

Share This Page

Loading...
gt;