NSW How to Defend Against an AVO?

[JulieO]

Hoping someone can assist.

My son (33) ran into his ex-girlfriend (who he had hoped he would be able to get back together with) - they hung about together all day, she invited him back to her place. They kissed goodbye at 9pm with a brief kiss - he with the hope of rekindling the relationship.

On Tuesday morning the police delivered an AVO to him at home. How can he defend or refute an AVO? Where does he stand legally?

She may argue that she posted a pic on Instagram and that he turned up at that spot - the beach (ie stalking her) and he had been sending flowers to her work each week.

Does this constitute stalking and how does he go about defending any accusations?

Cheers

 

[Iamthelaw]

My son (33) ran into his ex-girlfriend (who he had hoped he would be able to get back together with) - they hung about together all day, she invited him back to her place. They kissed goodbye at 9pm with a brief kiss - he with the hope of rekindling the relationship.

Was there an AVO in place at this point in time?

On Tuesday morning the police delivered an AVO to him at home. How can he defend or refute an AVO? Where does he stand legally?

What are the allegations she has made?

She may argue that she posted a pic on Instagram and that he turned up at that spot - the beach (ie stalking her) and he had been sending flowers to her work each week.

Perhaps, but on the other hand sending flowers to some does not constitute stalking (in the ordinary sense), this is also the case of bumping into some one at a public spot. Did your son's ex-girlfriend ask your son to stop sending flowers?

Ideally more information (as per above) would be needed. For an AVO to be successful there has to be a violence, a threat of violence or a fear of future violence. Suffice to say that I suspect that your son's ex-girlfriend would have made several allegations of violence/threats against her and that she is fearful of your son, which would prompt the police to take this action.

You have a couple options - Consent to the AVO: This would be a smart move depending on whether there are pending criminal charges. Contest the AVO: Best you engage a lawyer to assist - Your son will have to give evidence, likewise the girlfriend will be cross-examined. There are also mutual consent orders although I doubt they'll apply in this particular instance. Also, understand that AVO is a civil order, rather than criminal, it will only become criminal if you son breaches an order in place.

 

[JulieO]

Thanks so much for you help. There was no AVO in place at the time and this came completely out of the blue - particularly as both parties are very same reasonable people. I am yet to find out the allegations - meeting with son this morning but he is very angry and upset by the police involvement and therefore suggested character assassination.

 

[sammy01]

So I'm very practical...

Accept the thing without admission. That will cost zero dollars - defending it will require solicitors, barrister, etc, etc thousands and thousands of dollars.

Accept without admission has no impact on criminal history, etc, etc.

So he was hopeful that things would improve - she clearly isn't interested. To the point where he mis-read the situation. Live and learn. But defending it isn't gonna make her want to get back together with him, is it? So why bother?