NSW AVO Has Not Been Served - Show Up in Court?

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Jason70

Member
15 November 2016
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Hi,

I'll keep this initial question short and go into more details later. On Thursday 10th, I received a call from the police saying that my ex had been to them to speak about me contacting her when she doesn't want me to. The constable told me that she would be issuing me with an AVO immediately and that there would be a court date the following week for a magistrate to hear it.

Because she isn't in my local area, she said she would finish the paperwork, have someone sign off on it and have my local police station serve me.

As of today, I still haven't been served anything. I have been home everyday since she called with the exception of going to work Friday, Monday and today. I checked the court list where she told me it would be heard and I can see I'm listed there for this Thursday.

Should I just be showing up at court on Thursday even though I haven't been served and wouldn't even know I should be there if I didn't look it up? I don't even really know what the details of the AVO are yet, so how can I fight it if need be?

Thanks in advance.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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Go, and ask for an adjournment if you need to consider what is in the AVO or need to get legal advice. Else fight it on the day. Don't bother turning up if you're not planning on fighting it.
 
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Jason70

Member
15 November 2016
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Thanks Rod. I will still go as I'm not going to consent to the order.

I still haven't been served as of now. I called the police officer who called me to tell me about the AVO but she never bothered to return my call. Doesn't seem like she is too worried about it considering she was saying that my ex needed immediate protection.