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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44904
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have a few questions about the domestic violence anxious

Customer Question

Hello there, I have a few questions about the domestic violence anxious to get answered. Very much appreciated of your help.
Here is some genral information regarding my questions. My ex boyfriend and I separated three months ago. Recently we started to seeing each other again. On 12th of Dec 2am we had an argument and he used two toy handcuffs to restraint me at the stairwell while he was questioning me about my email and going through my belonginvs. I got lose two hours later, and he left my apartment with taken my phone and laptop. He said he would come back, and I left a letter at the doorway tell him he need to return my stuff and my money back othrtwise i will call the police and I locked the door from inside. Later on, I spoke to him on the phone and he came into my property with refuse of return. I called the police and the officer made a charge against him after seen the bruises on my wrist and hand without my consent. The officer also applied an AVO on my behalf without asking my opinion. My ex boyfriend also agreed to the officer he was on drugs.
So my questions are: 1, do I allowed to speak to the defendant of the AVO. 2, does he allowed to speak to me before the hearing of the court. 3, may I withdraw the charges the officer charged him with. 4, when is the first court hearing starts as my visa might be expired by then. 5, what is the worst penalties for him if the charges are been placed .
Thank you very much for your time and your help.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year 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 advise but a guide to assist you.

Because of the bruises the police have to act and it is assault and the AVO is automatic

I would suggest you not speak to him because he can be in breach of the AVO and it will not assist him.

If he is charged with assault you cannot withdraw the charges they are in the hands of the police. if you change your story and allege you consented to the handcuffs then you can be in trouble for misleading the police.

The first date should be on the paperwork the police have handed your boyfriend and if they have not been issued yet you can ask the police.

The charges are serious and he will get a criminal record if found guilty.

But is it always best not to have contact with each other because if the order says he should not contact you then he is in breach and if the police are told then he can be charged further

He has to get himself a solicitor.

Expert:  Leon replied 1 year ago.

Good Afternoon

If there is nothing further all the best and

thank you for using my services.

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

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