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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44393
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My partner was tried in a criminal law court earlier this

Customer Question

my partner was tried in a criminal law court earlier this year, he got found guilty and was sentenced to 6 months jail. after serving 4 months he was granted his appeal and given a retrial ( putting all charges aside) the previous trial was proven to be ( to put in my terms) a complete mess and he was given a guilty verdict on things that had nothing to do with the case.. he won his retrial ( not guilty by a jury of his peers yesterday 23/11/16) today he received dvo protection order application and in it contains the fact that is was found guilty in his first trial. my question is.. now that he has had a fair retrial and found not guilty is it right that his previous verdict of guilty be used against him in order to retain a DVO protection order?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: queensland
JA: Has anything been filed or reported?
Customer: there has been nothing filed as to assume that there would even be a worry to suspect any form of domestic violence, the previous trial i spoke about began about 3 years ago. no contact of any form has been made by my partner to the dvo applicant in this time. today we recieved notice of adjournment to appear in court for it on the 14/12/16.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no i think that is everything
Submitted: 9 months ago.
Category: Australia Law
Expert:  Leon replied 9 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 9 months ago.

Good Morning.

If he was found not guilty, the DVO should also be set aside. I suspect the DVO is incorrectly granted given that he was found not guilty in the re-trial.

The Solicitor that acted for him should write to the court and have the DVO removed.

Until it is revoked, if he breathes it he has committed a criminal offence.

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 Morning.

Just checking to see if there is anything else I can assist you with? If not than you for using my services and take care

Regards

Leon