How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44876
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Type Your Australia Law Question Here...
Leon is online now
A new question is answered every 9 seconds

What reason can I present to court to have a DVO case struck

Customer Question

What reason can I present to court to have a DVO case struck out because of lack of evidence
JA: What state is this in? And can you tell me a little more about the charge?
Customer: Queensland
JA: Has anything been filed or reported?
Customer: Yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have been to court 5 times and QPS just don't show up and it is ajurned for 8 mths
Submitted: 1 month ago.
Category: Australia Law
Expert:  Leon replied 1 month ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 1 month ago.

Good Morning

You cannot just ask for it to be struck out

You have to not agree to it have a hearing. Once the prosecution finishes you can then advise the court that there is no case to answer as the evidence they have given is not enough to find you guilty.

Then the court will either decide there is and you will then put your evidence to them or strike it out.

Before you get to that point you can write to the other side and request they withdraw their application and set out why.

But if they refuse you have to have the hearing.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. 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.