NSW Preventing Sister from Making False Claims of AVO Breaches?

[Emerson33]

My younger brother has been through court and had an AVO put on him by our sister after an argument, and now has told the police my brother has approached and threatened her about a week after this allegedly occurred.

My question is, can my brother do anything to prevent these false claims? This is not the first time she has lied to the police about supposed AVO breaches .

 

[sammy01]

Is your brother still living in the same house?

So firstly - the cops will question him and possibly charge him if there is sufficient evidence. He mustT stay clear of her. He also should tell the cops that he thinks the sister is using them to attack him.

How old is he? How old is she?

 

[Emerson33]

No, they aren't living at the same place. They question him the first time after the AVO but nothing became of that. She and her partner are very vindictive. He has made absolutely no contact with her since before the original court case.

He is 21 she is 19.

A former police officer told him to place an AVO on her so she could not provoke him but our local police said that he could not place an AVO because she already has one against him. He is on a good behaviour bond because of all this.

Also an interesting sidenote: he asked the police what if she just lies and they told him that he'd be charged regardless of evidence and that basically it's her word against his?

 

[Gorodetsky]

Hi Emerson33,

I'm not sure what state you are in, but it's a crime to make false or intentionally misleading statements to police in all our states and territories. The legislation vary from state to state, but in essence it is there.

So, if she lies and evidence shows this is the case, she can be charged with a criminal offence. The police have an obligation to uphold these laws, but are generally reluctant to do so.

The police told this man he cannot place an AVO on her because she already has one? This sounds like false information. Check the legislation for your state.

The police are not to be trusted for legal advice.

When both parties have AVOs against each other, and the police are called out. The case is not as simple for them. If there is a call out and only one party has an AVO, the copper can write that on the brief and the job's done before they have even spoken to the other side.

This young man is at risk of some significant legal costs and possibly a conviction.

 

[Emerson33]

Thank you both for your help. I don't want to see my brother charged for something he has done without any evidence. He has absolutely no contact in any way with my sister or her partner for months now.

 

[sammy01]

So post nothing on Facebook, make no contact. Sounds dumb, but I even started keeping receipts / bank withdrawals from atm's. Never needed any of it but made me feel like I was being pro-active and could use the receipts if necessary.

Again, the cops might not have taken any of it on board, but at least I felt like I was doing something to take control of the fear that I could be accused of silly stuff.

Be nice to the cops. My ex made several frivolous complaints. Each time I got called to the cop shop and each time I asked them to check the file so they can see how frivolous it is.