How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42666
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
12124641
Type Your Australia Law Question Here...
Leon is online now
A new question is answered every 9 seconds

Wednesday 2nd Dec 2015...my wife and i had an argument Yes

Customer Question

Wednesday 2nd Dec 2015...my wife and i had an argument Yes raised voices...she left the house and went to the local police claiming Domestic Violence...later that evening I was arrested taken to the police station went through the arrest procedures.
An AVO was issued....
There was no physical violence BUT what does one do to prove ones innocence...
As once said to me there is no JUSTICE in LAW....The statement innocent until proven guilty...appears more like Guilty until you can prove your innocence...
I am 65 and this is my first experience with the courts....In this time of my lifed i don't want any BLACK marks against my name
Garry
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
My wife and i have had a good relationship she is much younger than me ...yes we have arguments..BUT these verbal....I have physically touched her in anger...When she reported to the police she has no physical marks on her body to show as nothing was committed...No witnessesw as nothing to witness...BUT she is able say these things and I have to disprove them HOW
We still care and respect each other...
Is it possible for my wife and i to work this out before I have to appear in court on 08-12-2015..
She is happy to communicate...but need to calm down because i am angry about having false acquisitions made...Regards
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

You should not agree to the orders and you should request that it goes to a hearing.

There should be facts that are attached to the AVO.

It is your word against hers and the court will set it down for a hearing. In the end the court will listen to each side and will decide based on the balance of probabilities who they believe and if it is her then they will make the orders.

Get a solicitor to represent you and they will run the hearing.

The law society of NSW will give you names of solicitors that practice in criminal law.

https://www.lawsociety.com.au/

If you cannot get a solicitor for the 8 December you can seek an adjournment to get legal advise and the court will grant that.

Be careful because if you breach the orders before the matter is heard then you have committed a criminal offence and it becomes more serious.

Here is some information about defending an AVO

http://www.lawaccess.nsw.gov.au/Pages/representing/lawassist_avo/lawassist_defendingavo_home/lawassist_defendingavo_home.aspx

I hope this all makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Related Australia Law Questions