Thank you Tim, we were advised by legal aid lawyers that if a police files in DV application to the court it is very rare that they would withdraw it. We do not have any legal representaive or advisor. Are you please able to advise what can we do? I have spoken to the police officer who filed in this application and he advised to speak to the police prosecutor, I went to the court today and spoke to the police prosecutor to withdraw the application but he didn't seem very convinced.
I am not a lawyer.
There is likely a special officer/s that deals with DV, no good speaking to the one who attended, and prosecutor is not going to be looking at it till court day.
The next court day is the best opportunity to clear this up, but you can talk to the DV officer and write to police, however you would probably need help. So, you can do these things, then go to next court hearing and ask the magistrate to be heard, I am not sure exactly how you can do this, but the person who is before the court could probably introduce you. The person who the order is for is going to need to advise of how they plead, then a hearing date will probably be set, if it proceeds to this point, this is when police will need to hand over evidence & legal advice can be sought.
Even a lay person will probably be able to tell when they have nothing, my understanding is it would not stand up in court if no evidence as well as the protected person explaining how they never wanted this & nothing happened and they are not scared of the person being subject to the order.
So, the person who must show up in court must do certain things, they are the one who must show why this should not proceed.
You need to make it clear to the correct persons in the police force of your position. You can tell the prosecutor on the day too as well as the officer involved.
Be careful what is written and said, because they will start by thinking you have been pressured, but if you have not & nothing happened, then at some point they must take notice of you, if you are the star witness, then your not going to be of much use when you do not want it and not at all scared.
If it is set down for hearing, the person subject to the order needs legal advice, you would go with them then.
Good luck