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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44180
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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On the 20/5/16 I applied for an apvo which was granted. My

Customer Question

On the 20/5/16 I applied for an apvo which was granted. My partner and I are listed as the protected people. The defendant cause malicious damage and assault to my partner after a few weeks of harassment. The application was made into an interim order and defendant was charged with the assault and mal damage. He breached the avo on the 31/5/16 and I made a statement he was question then released. He ended up going to prison and the case has been adjourned twice. He was sentence for the assault and other matters. He didn't contest my avo. However he had another avo against him aswell which he contested . The judge adjourned it till the 6/8/16 so the other girl gets all her evidence and the judge requested I do aswell. I don't understand why because I have handed all my evidence in the judge just didn't have it on her. It's also my understanding that because he pleaded guilty to assault n mal damage which is why we got the apvo that it should automatically be a final order?
I don't want to go back to court again as it should of been heard much earlier and my case has nothing to do with the other girls case against the defendant.
Is there any forms I can lodge or appeal the next hearing date as the defendant is not contesting my avo?
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 but a guide to assist you.

It appears that the judge thinks that he is contesting both AVO's

If that is the case you will have to comply because if you do not your APVO may be dismissed.

This should have been raised with the magistrate when he was making the orders so he could look at the matter more closely,. If it was not raised then he has assumed both are contested and he is going to hear them both on the next occasion.

Until then your APVO is still in force on an interim basis.

Call the court and see what they have on record about yours. I believe you do not have final orders and it is set for a hearing.

They will be able to tell you if the defendant is contesting both or just the one.

If you want to tell the court they made incorrect order you have to seek to have it listed before the hearing.

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.



Customer: replied 11 months ago.
I did tell the judge and so did the defendant that he wasn't contesting mine and all my paperwork has been handed in. How do I get it listed before the hearing.
Expert:  Leon replied 11 months ago.

Good Afternoon

You do not have contact with the defendant I assume?

Was legal aid prepared to assist you last time?

Customer: replied 11 months ago.
No the defendant is in prison until October. My best friend is in a relationship with him. I didn't request legal aid and I spoke the the court clerk who confirmed the judge didn't understand that the two avo are seperate and didn't listen when I advised I had handed all the relevant paperwork in. I was advised to that all parties have until the 4th sept to have all paperwork handed in.This is the 3 adjournment and I can't keep attending court and not getting a final decision as I have a very ill mother and young child to attend to.Is there anything I can do any forms that I can fill in? I don't want the case dismissed
Expert:  Leon replied 11 months ago.

Good Afternoon

You will need to speak to a solicitor to contact the Defendant and see if they can get him to agree to the order being made.

If you get it re-listed then the defendant will have to be present on the day it is relisted.

You have to go to the court house and ask them to have it relisted and they will do it while you are there.

Customer: replied 11 months ago.
How will he able able to be present his in junee gaol and I live in Deniliquin nsw. He has previous times appeared on video link . What forms would I need to get filled out for him to agree to the orders.
Customer: replied 11 months ago.
I have also approached legal aid for help but they won't take the case on because it's not a indictable offence and the defendant is already in gaol.
If I got my friend to pass on paperwork to her partner who is the defendant in gaol or perhaps contact a legal person at the junee gaol? Would the cause any conflict to my case?
Expert:  Leon replied 11 months ago.

Good Afternoon

The court will either have him appear by video link or in person.

If he is in jail the court will need strong evidence as to why you fear for your safety when he is incarcerated and such a distance away.

How long is he in jail for?

Customer: replied 11 months ago.
The avo started in May and he ended up in gaol in June . He is in there until 21/10/16 . If granted the avo is for 2 years.
He doesn't have any legal representation
Expert:  Leon replied 11 months ago.

You need to have it relisted.

Also go and get copies of the orders the court made. If you do not relist it and do not file your evidence it will be dismissed

Customer: replied 11 months ago.
I do have a copy of the orders already the court made. Do I ask to get it relisted in Deniliquin and he appears via video link or can I request it be relisted in the Griffith court when the urgent application was first heard. Is there a way I wouldn't have to attend the court if it's in Griffith or a different court to Deniliquin
Expert:  Leon replied 11 months ago.

Good Afternoon

It has to be relisted in the court that it has been all along.

You cannot change the courts now that it is being set down for a hearing.

Customer: replied 11 months ago.
When I applied for the application the register fill the form out and sent it off to Griffith court to be heard that day as urgent. It was then heard and an interim order was made. It had two date after that to be heard in Deniliquin both adjourned. The case has never been heard in Deniliquin yet
Expert:  Leon replied 11 months ago.

Good Afternoon

What court were you in when the Judge made the order for the hearing? This is the court you have to go to and have it relisted.

It has carriage of the matter and you cannot move it to another court unless the judge at this court changes the venue.

So you go to the court that made the orders that you file your evidence and have it relisted.