Case Facts:

Our client came to us after NSW Police filed an Apprehended Personal Violence Order against him. This represented the latest AVO following a short history of disputes with a neighbour. It was alleged that our client had engaged in behaviour that caused the protected persons fear for their safety. Our client did not consent to any final orders being put into place and the matter was listed for a hearing at Blacktown Local Court.

Case Result

As the hearing approached, it appeared that the Police had acquired some 120 pages of typewritten statements from the protected persons outlining incidents when they felt fear or were intimidated by our client. The Police also indicated there was CCTV footage depicting some of the incidents. Both of the protected persons were in attendance at court prepared to give evidence against our client. The Police Prosecutor was prepared to proceed with a hearing. After taking instructions from the client, we entered into negotiations with the Police Prosecutor in an effort to resolve the matter without having to go to hearing. After many hours of negotiation, we convinced the Police to withdraw the AVO, on the basis that his client enter into an out-of-court agreement. The agreement was finalized and the Police withdrew the application for the AVO.

This was a fantastic result, by negotiating an acceptable result, our client avoided final orders. Once an order is in place, it is easy for the complaint to allege a breach and have the accused charged with a criminal offence of contravene AVO.

AVOs (Apprehended Violence Orders) can be misused by those applying for them as a means of gaining some kind of advantage or power. It is not unusual to find AVO applications based on false complaints. If a defendant consents to orders in these circumstances, there can be serious consequences. If a court imposes final Apprehended Violence Orders upon you, any breach of those orders could land you with a serious criminal charge or even imprisonment.