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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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My partner has had an AVO placed against him from our

Customer Question

My partner has had an AVO placed against him from our neighbours - they recently asked a visitor to our home if he was a drug dealer. I am sure that he is doing this to antagonise my partner. What is my partners rights in relation to this. Should he speak to the police and get an event number to record their harassment?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: nsw
JA: Has anything been filed or reported?
Customer: not to date but as i said an avo is in place against my partner
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to know what my partners rights are
Submitted: 13 days ago.
Category: Australia Law
Expert:  Leon replied 13 days ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Customer: replied 13 days ago.
what do you suggest he do?
Expert:  Leon replied 13 days ago.

Good Afternoon

Your partner cannot do anything about this.

If they come onto your land then you can cll the police and have them removed but your partner should not approach them.

The people that have been questioned have a right to report them and if it happens again they can report it to the police.

Also keep a record of how often they speak to your visitors and have them give you details of what they are asked and it can be used if evidence is there for a harassment charge.

But at the moment your partner is not being harassed and he should stay away. It is annoying but he has to just stay away from them .

If the AVO is not finalised yet then this can be evidence of their actions to get a reaction.

Customer: replied 13 days ago.
it is up to our visitor to report it to the police not my partner. Can my partner not talk to the police about this?
Expert:  Leon replied 13 days ago.

Yes.

You can argue nuisance and not being allowed to enjoy you home but because of the AVO it will appear it is tit for tat.

The visitors have to feel intimidated and harassed by them and lodge a complaint.

Your partner can advise the police that they approach people as they come to your home making them feel uncomfortable .

The more the police know about their actions the better but the police will not take out any orders against them.

Customer: replied 13 days ago.
We don't want to go through the courts again however want to be able to document it with the police so that they know the neighbours are trying to get my partner to "take the bait" so that he could be in breach of the avo. Would the police give us an event number?
Expert:  Leon replied 13 days ago.

You document it all.

They shod give you an event number. If it has only happened once I suggest you wait until it happens again.

The police may say it is a once off and try to fob you off.

If it happens a second time then you can go see them and give them full particulars of what happened each time.