NSW Will I Breach AVO by Filing Statement of Claim?

[brent1010]

I currently have an interim AVO against me from an ex sexual partner of mine. Without going into detail, the grounds for the issuing of the order consisted mostly of lies. Am I in breach of the order by filing a statement of claim against this woman? She owes me about $8000.

I understand I am not able to serve the notice myself as that would be a clear breach, but the local court runs a service and can post it to her at a cost of $40. I'm just a bit worried as I'm not sure if it constitutes contact or is it OK if it's sent through the local court ?

 

[Lance]

Yes, this could be tricky. Even having a statement of claim delivered on your behalf could be seen as threatening or intimidating. In this particular situation, it might be a good idea to seek legal advice based on the conditions of the AVO.

If you would like to speak to a lawyer in your local area you should be able to find one at: https://lawtap.com/au/

 

[Rod]

An AVO does not stop you enforcing your legal rights.

As long as your claim for $8k is reasonable and not vexatious I'd have the court deliver the paperwork.