AVO Withdrawn at Burwood Local Court

Astor Legal recently appeared at Burwood Local Court in an Apprehended Violence Order (AVO) case. Our client had been in a 4-year de facto relationship with the person in need of protection (PINOP).

The PINOP was on a phone call with our client’s sister when a verbal argument arose between our client and his sister. During the argument, our client attempted to take the phone from the PINOP, at which time the phone struck the PINOP’s jaw. Following the incident, the client’s sister contacted police and reported the matter, after which an AVO was issued against our client.

Our client contacted us distressed and confused, noting that the PINOP had not wanted police involvement from the outset.

We connected the PINOP to independent lawyers to prepare a retraction statement which expressed her views for the AVO to be withdrawn. Our Burwood AVO Lawyers then drafted legal representations to police for the withdrawal of the AVO. We referred to case law and relevant portions of the Crimes (Domestic and Personal Violence) Act 2007, setting out why police should withdraw the AVO. 

Ultimately, a few weeks after filing the representations for the withdrawal of the case, the prosecution advised that they would agree to withdraw the AVO without the need to proceed to a Hearing. This saved our client significant time and legal costs.

Both the defendant and and PINOP were overjoyed with the outcome.