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Partners, Charges and ADVOs in NSW – Is there anything I can do?


Partners, Charges and ADVOs in NSW
Arguments between family members and partners can be boiling points of emotion where things are said and done that can’t be taken back. If police become involved, what happens in the heat of the moment can lead to an application for an Apprehended Domestic Violence Order (ADVO) and even criminal charges.

When cooler heads prevail, it’s not uncommon for the persons involved to simply want to move on with their lives. However, by this point often the police have made the decision to take action, even if the persons insist that they don’t want to.

I regularly receive calls from people who ask if there is anything that can be done. Generally they fall into one of two categories:

  • (1) people who simply don’t want the ADVO/charges; and,
  • (2) people who tell me they exaggerated or even lied to police.

For those who are in the first category, it’s sometimes worthwhile writing to the Officer in Charge of the matter and explaining why you think the ADVO/charges should be withdrawn. However in doing this you must keep in mind that there is no such thing as an “off-the-record” conversation with police. You therefore need to be very careful about what you say to avoid complicating matters. Further, to have the best chance of success it’s necessary to be familiar with the various legal tests contained in the Crimes (Domestic and Personal Violence) Act 2007, as well as why and how matters are prosecuted by police.

For those who are in the second category, the solution is not as simple as asking to withdraw the statement – what’s said is said. Instead, the person would need to make a further statement. This can be fraught with danger, including the risk of being charged for providing a false/misleading statement, making a false accusation, perverting the course of justice or public nuisance. Similar issues arise if the person gives evidence at court which contradicts their statement to police. These offences are very serious and can lead to sentences of imprisonment.

Any interaction with police must be treated seriously and carefully. If you are considering talking with police about a statement you made it is important to get proper legal advice before you do so. If you would like to speak to an experienced criminal lawyer about your rights and obligations call us on 1300 168 676.

Image Credit – nd3000 © 123RF.com

Written by Aurhett Barrie on October 3, 2019

Aurhett is the first point of legal contact for clients of Armstrong Legal. He receives every new client with care, understanding and an open mind. He is dedicated to getting to the real issues involved in your matter before matching you with the best solicitor from our team of experienced lawyers. View Aurhett's profile


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