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Ask Daniel Your Own Question
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5709
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I made an AVO application against my husband and now id ont

Customer Question

hi I made an AVO application against my husband and now id ont want to follow it at court
JA: Real Estate issues can be tricky and expensive. The Lawyer will need to help you with this.
Customer: in fact don't want to proceed it legally anymore just because of my kids
JA: Have you talked to a lawyer yet?
Customer: I said AVO apprehended violence order ?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.

What you need to do is attend court when it is next in and explain to the Magistrate that you no longer fear for your safety and that you want to AVO withdrawn and Dismissed.

There are no other ways to deal with it really.
You can fail to appear in court, and the court may well withdraw it, however they usually adjourn the matter to make you attend at a later stage most of the time.

Matters of domestic violence are very serious, courts will most likely want you to attend and explain to the court that you no longer fear for your safety to be satisfied.

Also, you cannot just go to the police and ask them to withdraw it, they will not listen to you.

Customer: replied 1 year ago.
Thanks I also need to ask you if its adjourned and I didn't attend can they issue warrant for me to arrest me ? the police didn't know my new address and I really don't want my husband to get charged.
Expert:  Daniel replied 1 year ago.

They may well issue a warrant yes.
ISSUE is, courts are getting a bit fed up frankly with people who make complaints, then later withdraw them.

So, I cannot fully say that they will or wont, but I would suggest you best attend and have the matter resolved.

Expert:  Daniel replied 1 year ago.
Expert:  Daniel replied 1 year ago.

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