NSW Cease and desist letter

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sammy01

Well-Known Member
27 September 2015
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Sure she can... And sure she can go to the cops and sure she can apply for an apprehended violence order against you. Will she be successful? I don't know, I don't have a crystal ball. BUT if you trawl through this forum and the criminal law forum you'll find lots and lots of people (predominantly male) who have an AVO against them and are adamant they did nothing...

My story... Ex wife and me were not getting along. She went to the cops. Part of her 'statement' was that I threatened her.
My version: Me sitting calmly on the ground because she had said I was intimidating her.... I said. "Please stop telling our daughter that I"m stupid. I can't handle it and I don't know what I'm gonna do" as I wiped away tears...
HER VERSION: I said "You are stupid and you don't know what I'm gonna do to you..."

So the rules around avo's are not on the legal principle of "beyond reasonable doubt". IT is on the 'grounds of probability'. That is a bloody low threshold. So you're not living with this person any more? Good - that would make it harder for her to get an avo against you.

But let's think this through, you send letter. She continues the behavour... What then? You send another?

Or you get your kid to put instagram on private. Block this person and use it as a lesson for your kid to know about online behaviour.

NOT legal opinion her. Pesonal experience. There are nutters out there. They walk among us. Some people call them borderline personalities. But I don't know this chick so I'm not gonna try and diagnose someone and I'm not qualified.... But they thrive on conflict. If this sounds familiar then don't cause conflict... Walk slowly away.... Slowly then RUN....

OR hold on 'cause you're not gonna like this bit... If ex girlfriend lived with you guys, isn't the mother of the child but could reasonably be considered a step mum and had a meaningful relationship with the child. Say for example lived with you guys for a few years. Well in that case she does have an established meaningful relationship with the child and could make a case in court that the relationship is beneficail to the child and should be allowed to continue...
 
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Husam409

Active Member
16 December 2020
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0
31
Wow..... thanks heaps, this is a great insight.

We are no more living together or we have ever been. I was visiting regularly and sleeping overnights. This has stopped few weeks ago.

She texted me to stop calling her and leave her alone, then I realised she is taking the AVO path and will report me if I try to call or text again, hence I stopped.

My worry is that she can use the "letter" to claim anything or say she has been harrased by receivingsuch a letter, not that she makes up a story or says I'm abusive towards her. In simple terms what are the letter consequences or does it give her any stand to take me to court or get an AVO against be based on this letter not based on anything else?
 

Husam409

Active Member
16 December 2020
8
0
31
Wow..... thanks heaps, this is a great insight.

We are no more living together or we have ever been. I was visiting regularly and sleeping overnights. This has stopped few weeks ago.

She texted me to stop calling her and leave her alone, then I realised she is taking the AVO path and will report me if I try to call or text again, hence I stopped.

My worry is that she can use the "letter" to claim anything or say she has been harrased by receivingsuch a letter, not that she makes up a story or says I'm abusive towards her. In simple terms what are the letter consequences or does it give her any stand to take me to court or get an AVO against be based on this letter not based on anything else?
Sure she can... And sure she can go to the cops and sure she can apply for an apprehended violence order against you. Will she be successful? I don't know, I don't have a crystal ball. BUT if you trawl through this forum and the criminal law forum you'll find lots and lots of people (predominantly male) who have an AVO against them and are adamant they did nothing...

My story... Ex wife and me were not getting along. She went to the cops. Part of her 'statement' was that I threatened her.
My version: Me sitting calmly on the ground because she had said I was intimidating her.... I said. "Please stop telling our daughter that I"m stupid. I can't handle it and I don't know what I'm gonna do" as I wiped away tears...
HER VERSION: I said "You are stupid and you don't know what I'm gonna do to you..."

So the rules around avo's are not on the legal principle of "beyond reasonable doubt". IT is on the 'grounds of probability'. That is a bloody low threshold. So you're not living with this person any more? Good - that would make it harder for her to get an avo against you.

But let's think this through, you send letter. She continues the behavour... What then? You send another?

Or you get your kid to put instagram on private. Block this person and use it as a lesson for your kid to know about online behaviour.

NOT legal opinion her. Pesonal experience. There are nutters out there. They walk among us. Some people call them borderline personalities. But I don't know this chick so I'm not gonna try and diagnose someone and I'm not qualified.... But they thrive on conflict. If this sounds familiar then don't cause conflict... Walk slowly away.... Slowly then RUN....

OR hold on 'cause you're not gonna like this bit... If ex girlfriend lived with you guys, isn't the mother of the child but could reasonably be considered a step mum and had a meaningful relationship with the child. Say for example lived with you guys for a few years. Well in that case she does have an established meaningful relationship with the child and could make a case in court that the relationship is beneficail to the child and should be allowed to continue...
You won't believe this...... it was that far to get serious and we were preparing to get married and she pulled out based on one ofnher friends opinion says that I might have a stand and claim a defacto relationship to get a share in her property. They decided to break up to save her finances.
 

Atticus

Well-Known Member
6 February 2019
2,045
299
2,394
My worry is that she can use the "letter" to claim anything or say she has been harrased by receivingsuch a letter
Only way to avoid that possibilty is to have a lawyer write & send the letter... Not worth the money at this point IMO.
 
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Husam409

Active Member
16 December 2020
8
0
31
I'm thinking the same and contacted few lawyers already, but as you might know they don't ever give a definite answer, some of them just try to milk you down. I'm lucky I got a good one but still consulting as many people as I can for second opinion.