NSW Contesting AVO - Will Lies be Taken into Consideration?

[brent1010]

I have recently been served an AVO and I've decided to contest it. The person named as defendant on the AVO has blatantly lied to police about most but not all of the grounds for the AVO and I can prove she lied.

Will these lies be taken into consideration when the magistrate grants or revokes the AVO?

 

[Tim W]

Understand that it is not an offence to be the restrained person in an AVO.
It's only an offence if you breach the order.

If the applicant is the PINOP her/himself, then just sit tight, consent to the order,
and invest in looking like a sane and reasonable person.

If the applicant is the Police on behalf of the PINOP,
then it's usually simply part of police procedure.
In which case, sit tight, consent to the order,
and invest in looking like a sane and sensible person.

You probably cannot prove that a reasonable apprehension does not exist, so don't bother trying.

 

[Rod]

Difficulty happens when the PINOP lies for a second time claiming a breach of the AVO.

I'd fight the order with evidence. Just be calm and reasonable while giving your story to the magistrate.

 

[Tim W]

By opposing the order, you are trying to show that a reasonable apprehension of violence does not exist. That is almost impossible to do in real life.
If only because you don't have any evidence of the PINOPs state of mind.