NSW What to Expect at Hearing for AVO?

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Stevie_Beavie

Active Member
6 February 2017
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The local police served me with a summons to court as my wife's ex and his wife made an application for an AVO against me.

There are 2 supporting statements. The first of which they have accused me of approaching their car and abusing them, which I did not. The second saying that I threatened them, which I did not. And that I made a derogatory remark to them, which I did and I accept responsibility for that momentary lapse of judgement. These are two different occasions.

They do not have any evidence to back up their claim except the event number from the call my wife made to the police, only because they spoke to the police first before my wife even knew the police had arrived. The police that attended refused to help them claim an application for an AVO and stated that if either party were to apply for one they are basically just abusing the law. I decided not to pursue an AVO. They made their own application without police help.

What should I expect at the hearing?

I don't want contact with my wife's ex or his family, however there is a child involved between them and on occasion both families including the step parents (myself and my wife's ex's wife) have had no choice but to come into contact with each other whether it is at changeovers, school assemblies, shopping in the local supermarket (very very small country town) etc. I can't even walk or drive 100metres down the street from our home to the local supermarket to buy groceries without being in the same vicinity (or 100m) of my wife's ex's place of work which they have named on the application as somewhere to stay away from.

Also they are ordering that I do not enter any place or such where my wife's son may attend. I live with this child and his mother and a younger child I share with my wife. My own son, my wife's younger son, will be attending the preschool across the road very soon before attending the same primary school as the child my wife shares with her ex. We will have no choice but to cross paths even if only on occasion.

I am prepared to accept the AVO without admissions. Am I able to request that the terms of the AVO be varied to for example, limit personal contact between myself and the applicant instead of putting up with them stopping me from basically living and being a part of my kids livelihoods in this town? Am I permitted to write a statement for the judge/registrar that outlines my version of events and what I believe to be either a reasonable risk of or lack of risk regarding the application against me.
 

sammy01

Well-Known Member
27 September 2015
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You probably ought to speak to a solicitor. If you accept without admission you can ask for the terms to be modified. But heed the warning - the cops will arrest you real quick if the complainants claim the harassment has continued
 

Stevie_Beavie

Active Member
6 February 2017
12
0
31
Yes, I will speak to a lawyer. I do not know if there will be any legal aid available on the date of the hearing as I live in a small rural town and the court room only opens one day a month.

I don't plan on going anywhere near them, I would not put it past them to lie or approach me themselves but I'll do my best to do the right thing.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Keep your mobile phone handy and start a video recording if they approach you before court.

Get your evidence together and any witnesses. Write down what you can remember of the events before you forget details.

Just tell the truth in court, be a credible person and hope you get a good magistrate on the day.