Dear Sir /madam : I have served an DVO which is full of

Customer Question

Dear Sir /madam : I have served an DVO which is full of allegation and The police served this DVO in doplomatic site , I breach it and Object the original DVO what the out comes of my case and How I accuse my ex in providing fake statement as I was Loked up for 2 days for the breach and bailed my self . the Police imperessed and my ex- workin in the same site (diplomatic site) give an advise and how I turn the situation in my benefit(ACT, Canberra, Australia)

Optional Information:
State/Territory: ACT

Already Tried:
Oject the Original DVO , dispute the breach .

Submitted: 282 days and 19 hours ago.

Category: Australia Law

Value: AU$74

Status: CLOSED

Expert: Sydney-Lawyer replied 282 days and 19 hours ago.

Good Evening,

You have breached the original DVO?

Are you now in court to defend the original DVO and all so the breach?

what did the orders say and what is the alleged breach?

Customer replied 282 days and 19 hours ago.

Yes I breach the original Dvo and I locked in jail for 2 days , Now I had a court and they adjorn the case of breach coz I dispute the servise of the DVO by police as I said it was in doplomatic Mission for Saudi Arabia Embassy . The original DVO I objected .

The order said do no contact directly or indirect the aggrvied person and I did by sending SMS and other things .

Moreover The original DVO is full of allegation and I oject this one and I have a court in 09/07/2012 and the breach Court in 11/07/2012 .

Moreover , My ex she is not australian and she try to accused me as a violence person to obtain the Visa document as I cancel them for her . and she admitted that she married me to get these documents and I have 2 witness and they sign statuary declarion . I wish I clarify my case now

Expert: Sydney-Lawyer replied 282 days and 19 hours ago.

Good Evening,

I would suggest that you not make any contact with the other party, even though you may not have been properly served because technically you were not on Australian soil.

You are given the opportunity to defend the initial DVO and the court also the matter down for hearing and at that hearing you will have the right to give your version of events and to also cross-examine the other party to prove what they are saying in the original DVO is false and unsubstantiated.

On 9 July 2012 you will advise the court that you object to the DVO and that you would like the matter is set down for a hearing.

They may decide to list both the original and the breach together to save the court time but that is all dependent on the magistrate.

If you do not have a solicitor to represent you I would suggest that you will arrange to have one present so that everything goes smoothly.

You should contact the Law Society of the ACT and get a referral to a solicitor practices in criminal law to assist you in both cases.

Their website is as follows:

http://www.actlawsociety.asn.au/

I Hope this is of assistance. If you have any further questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Customer replied 282 days and 18 hours ago.

but what are the outcomes of my case , I do not have any records in my life . and it was allegation even I breach the DVO .

Accepted Answer

Expert: Sydney-Lawyer replied 282 days and 18 hours ago.

Good Evening,

If you are successful in defending the original DVO the court will dismiss it and you could ask for costs against the party that asks for it.

on the question of the breach if it is found that you were properly served and the court find you guilty of the breach then you will have a criminal conviction against your name.

If the court finds you not guilty of the breach within that matter will go away and you will have to wait for the original DVO to be determined.

I hope this is of assistance. If you have any further questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Expert Type	Solicitor
Category:	Australia Law
Pos. Feedback:	96.1 %
Accepts:	16625
Answered:	7/1/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Customer replied 279 days and 1 hours ago.

Dear sir ,

My Ex - alleged that I threats her at the IVO domestic order and you konw I breach it by sending SMS and I dispute the POlice service coz they give the order in SAUDI ARABIA MISSION . my answer I will states next meeting with deputy register in the court that my ex threats me and get me onley to obtain VISA and Citizen ship , from two witness hear her and they sign stauary declaration for me ( Document could provided ) and I state thats my ex try to trap me by saying all time that you could send SMS but do not call , and I ask her to return back my money but she deny ( document could be provided from my bank statement the transfere from my account to her ) . Moreover she threats me to send her first ex and his brother to bash me and the report still with me ( please note that I was in hospital for one night coz they did and I drop the case ) .

My answer now , as I said all documents could be provided SO what my chance to win in this case as I have a court in 09/07/2012 to dispute the IVO then I have a court in 11/7/2012 to defend my self in the breach .

Please give an answer so I could turn the case in my benefit and approve that my ex traping me and committed misleading relation . thank you

Customer replied 279 days ago.

Relist: Answer quality.

Customer replied 278 days and 23 hours ago.

Relist: Incomplete answer.

Expert: Sydney-Lawyer replied 278 days and 19 hours ago.

Good Evening,

I'm sorry for the delay but I have only just seen your question.

I understand your position, but my question is all the information that you have provided above does it relate directly to the current circumstances under which your ex has obtained the AVO?

When she asked you to text her was this just before you actually did? Do you have evidence of her request in writing or was it a phone call?

Sydney-Lawyer41095.384583831

Customer replied 278 days and 17 hours ago.

Phone call and work place as she works in the same department . I do not have evidence related to that just oral evidence . but the other things she say I have . SO HOW I TURN THE CASE IN HER???

Then The police serive me the AVO in doplomatic Mission ??? they not allowed to do that.

I wish I will have the Exite from this Matter So I dispute the breach in this background and I the original AVO I put her oral statements and as well she write that since we have argues . but my phone is sized by the police .

I do not have any idea why all these circumistances NOT related as the Matter is trapping me to obtain the Visa and documents .

regards

Expert: Sydney-Lawyer replied 278 days and 17 hours ago.

Good Evening

You have to look at the facts that she is relying on and deny them.

They can serve you in the embassy it is like serving someone overseas.

Now whether they need to file different documents to prove the service I cannot comment.

You should have a Solicitor represent you in court. She will be represented by the police if they took the AVO out for her.

In defending your case you have to deny what she says. Also if she cannot prove that she has fear for her safety the court will not make the orders.

If you have witnesses that can back you up this will help.

I hope this is of assistance. If you have any further questions please do not hesitate to contact me.

Customer replied 278 days and 17 hours ago.

Dear Sir the protocol NOT allowed the police to serive in deplomatic mission as I read and they should call me to be out side then they serive , To be honest with you I did not understand the AVO as the officer she did not illustrate and I am not english speaker SO I have some time difculties in understand the CONTEXT of words .

So wat u rekon ??? if that might be help I dont like to have record in my name which is decrease my oppurtunities to get more jobs especially at the GOVS and I was trapping that I swear .

lastly I open the communication channel with my ex she said she cant drop the AVO as that allowed her to stay in australia ??? This is the case Sir I could approve that by ppl who listen and hear her .

Expert: Sydney-Lawyer replied 278 days and 17 hours ago.

Good Evening,

You may be correct in them not being able to serve you in a diplomatic mission.

If the court finds that you were incorrectly served then they will all of you be served on the day in court.

It will then ask you whether you accept the order or not. If you do not accept the order the court also the matter down for a hearing and on that day you will be asked to call any witnesses to show the court of that her allegations are falseAnd that the order not be made.

She on the other hand will have to prove to the court the allegations are correct and secondly that she still fears for her safety and it is for that reason that the court should make the order.

In relation to having a record, an AVO does not appear on your criminal record. It is not a criminal proceeding but quasi-criminal having elements of civil proceedings involved.

The issue with a criminal record arises with the breach of this order.

The issue there is whether you understood the order and whether what you did is a breach or not.

This is why I am suggesting you not appear on your own. Your English is not at a level that you will understand what is going on in court and as a result you may end up with a record without realising because you have said or done the wrong thing.

You should contact the Law Society of the ACT overhead Jedi referral to a solicitor but practices in criminal law to assist you. You should also make sure when you are in court that the court appoints an interpreter that can explain to you what is going on and translate what you have to say to the court as well.

If you do not have assistance and representation you could jeopardise your position and possibly your Visa.

I hope this is of assistance. If you have any other questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Customer replied 278 days and 17 hours ago.

Is the The issue with a criminal record arises with the breach of this order affect in applying jobs or sth else . I am australian Citizen .Please let me know all circumistances

Expert: Sydney-Lawyer replied 278 days and 16 hours ago.

Good Evening,

If you do have a criminal record it will impact on you doing certain jobs. Most government jobs would like you to have a clear criminal record and with apprehended violence order breach it may be an issue.

This is why I am suggesting you get legal representation as they may be able to explain that you were unaware of the order or did not understand the order and did not intentionally breached the order.

Do not try and save a little bit of money and do this yourself because if it goes wrong in court it will result in problems for the rest of your life. Any criminal record will stop you being able to fly to the United States unless you get a clearance and of these are before you leave.

It may be minor but they can have wide ranging effects.

I hope this is of assistance. If you have any further questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Customer replied 277 days and 6 hours ago.

Ok , now all clear but my question now how I get out from the breach if I asked my ex- to wite a statement for me for the case of the breach that she was not offended and threaten or amencing by my text and she is my co-worker and my wife by islamic Law is that help to get a way from the case and what sort of statement she should write .

Please note that she will not agree to drop the DVO as the DVO or IVO (the order) allowed her to stay in australia as Immigration tell her ??

Please give me a soulution that I get away from this records and this case . as I told you I have dispute the service and then get this statement to convinced the court to let me go without any charge might be penality .

Expert: Sydney-Lawyer replied 277 days and 6 hours ago.

Good Morning,

You do not contact her.

AT the hearing for the breach, she will be asked the questions in court by your lawyer, or if you dont have one by you.

At the hearing she will be put on the stand and will be asked questions by the prosecutor and by you.

The court will then decide if there was a breach or not.

This is why you need a Solicitor to represent you.

You will get all of this into court at the hearing. You cannot contact her again because you will have another breach.

I hope this is of assistance. If you have any other questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Customer replied 277 days and 6 hours ago.

yes , thats right I do not contact her , however there are more than 145 employee who try to fix the problem and she offered to wite a statement to assist me if that applicable , in the hearing the police present her and I have my lawyer . SO what you reckon now ???

Expert: Sydney-Lawyer replied 277 days and 5 hours ago.

Good Morning

The statement will do nothing to assist you.

Unless she is prepared to say it in the court under oath the statement is worth nothing.

If others talk to her on your behalf it is also a breach and it will go against you if you get another breach.

The court is only interested in what she says in court. If she says you had people talk to her to get a statement this is co-ersion and the court will not beleive anything you say.

keep away from her and do not ask anyone to do anything.

Get a Solicitor and back off. You will only make things worse. All she has to do now is to complain that others are harassing her to give you a statement and you will have another breach and this time it will be worse.

You should not do anything except on monday see a Solicitor. What you are doing is making things worse. Do not have others do this for you. It is the same as if you are contacting her.

I hope this is of assistance.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Customer replied 277 days and 4 hours ago.

yes you right , but I did not ask ppl to do that and even I do not ask her write a statement as well , she told ppl that NOT ME. Look if the statement do nothing for me there is no need for it is that right . I will make her under oth which is better . So what you rekon

Expert: Sydney-Lawyer replied 277 days and 3 hours ago.

Good Morning,

You should not worry about what she is doing or request any statement.

Let her do what she wants to do. You will get a chance to question her about her fears for her safety in court

If it is implied in any way that you tried to influence people who then tried to influence her in getting the statement it will backfire on you and you will end up getting the orders against your name and a criminal record for the breach.

If you intend to call people as witnesses to back your case then advise them that you will ask them to be a witness for you. Do not have them speak to her.

You will have the rights to get the truth from her under oath in court.

This is the way you should proceed.

I hope I have assisted you with your question. And I would kindly request if you would rate my service as excellent.

I am telling you all of the above so that you can protect yourself against further breaches.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Expert: Sydney-Lawyer replied 277 days and 2 hours ago.

Good Morning,

Can I please ask why you have rated my service as bad?

I believe that I have provided you with detailed information. Also shown I have concerns about possible further breaches because you are so worried about getting a statement from your ex partner.

I am happy to assist further but you have to understand these matters can get very messy if you try to deal with the person in need of protection and the courts powers are very wide.

Is there anything else I can help you with?

Customer replied 277 days and 2 hours ago.

Sir , I am asking you to provide solutions to me , and I was trapping by my ex- No solution has been provided just to show me my situation which I know it very well . I dont ask any one to speak to her just ppl they go and I could not stop all my fans in the work place . I am very respected person in thier eye even there are no one speak to my ex coz they know that I was locked up coz of her and they know how much I assist her in the past . I want a solutions as Crime record sth I will not accepted .

I told you that it was trapping and she married coz of the documents and statuary declaration has been made by witness . I will not ask her to to write a statemement but she will say that in the court that my messages was without threat or offended and amencing .

I want solution as I told she will not drop the IVO coz of Immegaration department that told her you will not allowed to stay if u drop the order .

All of these facts of trapping and I still need nore evidence so what are the solutions sir . Please give me solutions with many thanks

Expert: Sydney-Lawyer replied 276 days and 21 hours ago.

Good Afternoon,

The only solution available to you is to defend her allegations in court.

By questioning her on the stand you will be able to show the court that the allegations are not true and that she does not here for the safety and that it was her that instigated the contact of the alleged breach.

Obtaining a statutory declaration does not give you any strength in your case. As I explained the court will not allow it in as evidence unless the person that made it is prepared to be cross-examined.

Getting a statutory declaration from your wife is not going to assist you at all. When asked why she gave the statutory declaration if she responds with " my husband had a friend asked me for it" the court will assume that you breached the order again.

This is why I am advising you not to obtain anything from her and not to ask anyone to approach her on your behalf. What they do themselves has nothing to do with you. But you do not want them being called as witnesses and even asked why they contacted your wife to respond that you ask them to. This will only damage your case.

The only way that this will go away uses for the court to order it go away. Only by having the hearing and showing the court what your wife says is not true will it go away.

By her refusing to withdraw the order means she is not prepared to help you.

I am unable to keep you evidence. You say she trapped you. You need to look at the circumstances that resulted in you being trapped and then in court put them to your wife that this is what she did and in fact your actions were not a breach but her manipulation to trap you.

You also now mention she is concerned about being deported. Use the fact that immigration is involved and say in court to her the only reason she is doing this is to speed up the permanent residency Visa. The allegations of violence and threats are not true but she only created the so that she can speed up her permanent residency.

you have to understand I'm here to give you information to assist you. I cannot give you evidence because I wasn't there and I didn't see anything. This is why I am urging you to get a solicitor that practices in criminal law to represent you in court.

They know and understand these matters and they can put questions to your wife and bring out the truth in court and the matter will then be dropped.

I really feel for you and your situation. You will feel much better if you speak to a solicitor to represent you and give him a copy of the orders and the facts and they will then discuss your defence with you and will be able to tell you even this matter can go away before court.

I cannot give you any more than what I already have.

I understand you're worried and you have a right to be worried but please follow the information that I have given you.

I hope this is of assistance. If you have any further queries please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

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