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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I have received a subpeona by NSW to attend to give evidence

Customer Question

I have received a subpeona by NSW to attend to give evidence in a domestic violence matter. I do not wish to attend. I have requested that the avo be dropped and am writing to the charging officer requesting charges be dropped. what is a reasonable reason not to attend?
JA: Thanks. Can you give me any more details about your issue?
Customer: The defendant has been charged with intimidation and harassment via a carriage service by NSW police and an avo as well as suppression order granted. The matter has been listed for hearing. I have verbally and via email requested the avo be dropped by police have not complied therefore I am applying direct at the Downing centre.
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Submitted: 11 months ago.
Category: Australia Law
Expert:  Leon replied 11 months ago.

Good Afternoon

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 advice but a guide to assist you.

If you do not attend you will be breaching a court order and the court can issue a warrant for your arrest.

It is best that you attend so you are not in breach.

The dropping of the AVO is a matter for the police as they have taken it out. If they refuse then the hearing will go ahead. When you are put in the stand to give evidence and your position is that you do not have a fear for your safety and do not fear the defendant the AVO will be dismissed. If there are assault charges attached as well and there are photos of injuries the hearing will be on that not the AVO.

The AVO is part of the Assault and if the court finds the defendant guilty the AVO will be put in force for up to 2 years.

You have to speak to the prosecutor before the hearing and advise him or her that you are not fearful and that you will be advising the court.

I hope this makes sense and is of assistance and makes sense?