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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42659
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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If I have an AVO (through police) on someone how can they

Customer Question

If I have an AVO (through police) on someone how can they place an AVO (through the court) on me when I haven't done anything?
What are the chances of a judge accepting it?
And how will it affect my safety when they have me in fear for me and my son?
Submitted: 8 months ago.
Category: Australia Law
Expert:  Leon replied 8 months ago.

Good Evening

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.

They can apply to the court to get the AVO but until the court makes the order it is not valid.

You have to be served with it and then there will be a hearing if you do not accept it.

I cannot say if it will be accepted but in most cases if it is a retaliation to your AVO the court will not make the orders.

Your AVO does not change it still remains and they cannot approach you.

Their AVO will not change that.

I hope this makes sense?

Customer: replied 8 months ago.
it does I just can't work out if my avo is stopping them from contacting me and me contacting them how it is even possible. I haven't been served with anything and I can bet bottom dollar I will be mortified by the claims they have made to try and put one on me. Do they have to give reason as you would in a police station?
Expert:  Leon replied 8 months ago.

Good Evening

The system is ridiculous sometimes.

But he cannot approach you to serve you. If he does he is in breach of the AVO and can be arrested.

Unless you are served then the court will not make any orders.

You can contact the police and advise them of what you know and they will arrange for the Prosecutor to represent you.

He has to also provide evidence in the form of an Affidavit to back his allegations and the orders he wants.

I hope this 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

Expert:  Leon replied 8 months ago.

Good Evening

If there is nothing further please do not forget to accept and rate my work so I can be paid.

Have a great long weekend and easter.

Regards

Leon.