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NSW What to Do at AVO + Common Assault Court Hearing?

Discussion in 'Criminal Law Forum' started by Mirak, 27 November 2014.

  1. Mirak

    Mirak Active Member

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    I'm having the hearing at Newtown court on 9 December after receiving an AVO with two assault offences. I’ve never been in the court and as I don't have a solicitor I'm scared. What should I do?

    My wife walked out the home on 28 July 2014; taking my daughter with her. After that, I was trying to call her asking about them ,but she don't want to come back home,we talk on the phone many times but she was just asking for divorce..on that time she was insisting and threatening to hurt me more and more. She was coming back to home on my work time taking everything she want even my personal things. She was using private number to call me for calling back. She asked me for milk and nappies for the baby, so I gave the stuff to her friend. The day after she went to the police 2nd October for the AVO.

    I received an AVO from the police for her and my daughter (17 months old) as a protected person as well, to attend the court on the 13 October. On this date, it was adjourned because the police added new charges (two common assault: domestic violence). They accused me of grabbing the victim's hair from behind and began to slap the victim across the face a number of times with an open palm.the second one is the same in the next day 29th.

    Everything written in the AVO or the two offences in not true. I went to Legal Aid for advice but they said we can't do anything for you. So I'm going to Court for the hearing on 9 December without a lawyer. I'm really scared, because I've never been in such cases and I don't know even how to face the them alone with out any legal skills.

    I'm newly moved to this country she used me too much, working hard day and night to pay her loan. Now she want to kick me out (I tried with her for mediation of our friends or family but she is didn't accept).

    Any advice? I'm looking just for justice for me and my daughter?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Karim,

    Every hearing will be different. I can only give you some general advice.

    - Be courteous to the judge (this is very important)
    - Be courteous to the other side (this is very very important)
    - Explain your side of the facts as clearly as possible. Be structured. Have notes if you need
    - If you have any evidence that can back up your version of the facts (e.g. alibis, receipts, documentation) bring this or mention this
    - Try to refrain from calling the other side a liar. Focus on the facts/evidence. State that what they are alleging is untrue, baseless, not credible etc

    Try and contact your local community legal centre and see if they can help.
     
  3. Mirak

    Mirak Active Member

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    Thank you very much .I'll try to do my best.
    Thank you very much for your advice , I will try to do my best.
    What's the penalty in case!!
     
  4. Strongarms38

    Strongarms38 Well-Known Member

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    I think you may be able to locate some male oriented help. In WA there are mens groups you can talk to and they can help you self represent. I'm told in cases like this a judge will go one of two ways and that depends on you. Stick to the kids best interests and avoid any form of battle about her and you. Avoid name calling nasty txt's and emails. Be nice and talk from the child's best interests not that you hate their mother. The courts mostly going to be concerned with the kids best interests. In most cases having a stable relationship with both parents is considered favourably. Most judges when you self represent have to allow you a degree of slack as your not a lawyer and aren't expected to know the law or how to represent yourself. Keep a paper trail, all her negative comments etc. Try to avoid contact for any reason other than the kids. Best to contest the AVO before its set to 2 years if left uncontested or your bound by it for 2 years and the most minor thing can put you back in court. Normal for a 3 strikes rule once the AVO is in place. First offence is a warning as long as no violence is involved. Second more severe warning larger fine, 3 strikes and its a mandatory jail sentence. Better if you can avoid that. Look up the family court or law court and check their guidelines and don't break them. They normally have links for people seeking advice be it legal aide or a men's help line. Call them especially when you're struggling. They are trained to help and they will be supportive but calm and help you to stay calm and not loose it as is often the case especially if it's a fresh separation as emotions are high. It does seem that the law is geared towards protection of the woman after separation but if your none abusive or violent and can control yourself at this time of pain and hardship things will settle. Facing that it's over is often the hardest part. Stay with family and friends and use the men's help line when you're feeling low. They'll listen and may even get you in with a Pyschiatrist if they think you could use a professional to talk too and maybe you may need some medication at this tough time to help you remain calm and avoid doing anything silly. Remember at the end of the day even if this happened without warning and has court you off guard that in the end time heals. It's said a lot and at the time you may not believe it but it is true. Think of your kids and hold onto your love for them. Call the help line as often as you need. They work 24/7 and will always listen to what's troubling you. It's very difficult at first to avoid the temptation of a txt or conversation but don't. Send it to a friend or family member and not ever her. Remain polite. The main goal is to retain a close relationship with the kids. They don't need to nor do they wish to hear you bad mouth her. When talking to them keep it light and focus on being a good parent. Very sorry this has happened but don't be afraid. I've been to court twice now and it's lonely more than anything. Big room and you're all a long way from the judge. If you have a lawyer they will speak on your behalf. Best contested than left to be maid permanent for 2 years believe me. Have to watch every word you say. Best wishes. Reach out for help. Don't be to proud. We all have emotions courts don't care much for that that's their job. Mens help line do care about how you're feeling and won't mind how often you call. That's what they're for.
     
    Mirak likes this.
  5. Mirak

    Mirak Active Member

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    Hello
    last time it was just mention. The hearing will be on the 6 March 2015.
    I have been told and advised to have a lawyer??Is it really important better than representing myself?
    Please I need you advise!! And little explanation about the court decision;is there any possibility of rejecting the AVO since there are no evidences at all.
    Hoping to hear from you very soon; have nice day.
     
  6. Sarah J

    Sarah J Well-Known Member

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    Hi Karim,

    Depending on the seriousness of the offences (especially assault charges) you have been charged with, I would suggest contacting a lawyer to represent you. If you are worried about costs, contact Legal Aid and a Duty Lawyer.

    While you may think there are no grounds for your ex wife's claims, the fact that you have two charges means that there is some evidence against you. You need to find out the nature of your charges, what evidence is against you and how to respond to them in a way the court will accept.

    In short, yes, consult a lawyer.
     
  7. Mirak

    Mirak Active Member

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    Thank you very much for your advice.
     
  8. Sarah J

    Sarah J Well-Known Member

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    Hope it all goes well for you.
     

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