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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44178
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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If a dvo application hasnt been to court yet but the

Customer Question

Hi if a dvo application hasnt been to court yet but the offender has already been charged with assault can the application be dropped before court
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Qld
JA: Has anything been filed or reported?
Customer: The offender was taking away and a dvo application was handed out and there has been court dates set for both parties
JA: Anything else you want the lawyer to know before I connect you?
Customer: Its the offender first dvo has been charged with assault the police asked if charges wanted to be laid but the answer was no but they still charged him anyway .. just wanting to know if the application can be dropped as dont wish to proceed with it
Submitted: 6 months ago.
Category: Australia Law
Customer: replied 6 months ago.
A DVO application has been filed but not yet been to court can it be dropped before being heard on court
Expert:  Leon replied 6 months ago.

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

Expert:  Leon replied 6 months ago.

Good Evening.

The police believe that there is enough evidence to charge them and they have. It is their choice in whether they will charge not yours.

You have given the police a statement and they will use that against the defendant. You will be a witness in the proceedings.

They will not be dropped the police will proceed and if the defendant pleads not guilty then there will be a hearing and you will be giving evidence.

I hope this makes sense and is of assistance. If there is nothing further Happy New year and

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