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    Former Australian Test cricketer Michael Slater has been charged with contravene AVO after allegedly sending his ex-partner numerous offensive texts and calls.

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      Michael Slater contravene AVO

      Michael Slater Contravene AVO Charge Attributed to Alcohol Addiction

      Former Australian Test cricketer Michael Slater has been charged with contravene AVO after allegedly sending his ex-partner numerous offensive texts and calls.

      The 51-year-old claimed to have “relapsed” into alcoholism when he appeared at Manly Local Court after being refused bail by police.

      The court ultimately granted bail on conditions akin to house arrest, with Mr Slater to enter a mental health ward when a bed becomes available.

      Bail Application at Manly Local Court

      The bail application proceeded at Manly Local Court after Michael Slater was charged with contravene AVO, breach of bail and use carriage service to menace/harass/offend.

      Police arrested him after receiving a report at approximately 10.30pm on 14 December 2021.

      This was almost two months after the former cricketer was charged with stalk/intimidate following an alleged incident in October 2021.

      The prosecutor opposed bail being granted and suggested that “the only way to stop this sort of messaging is to completely remove any access the accused has to electronic devices”.

      “In today’s world that’s almost impossible … even if he did not have access to a smart phone and was given access to what’s colloquially known as a ‘dumb phone’, he still has the ability to message and call her.”

      He described the messages as “harassing and highly offensive in nature”.

      The AVO had been enforceable since 19 October 2021, leading the prosecution to suggest that “there can be no ambiguity regarding the conditions of the AVO, they are as explicit as they come”.

      He went on to say that the AVO was “not worth the paper it is written on” unless it was enforced.

      Michael Slater Breach of AVO Attributed to Alcohol

      In making the bail application, Slater’s AVO lawyers argued that he suffered from an alcohol abuse disorder which was “heavily at play” when the alleged breach occurred.

      The prosecutor’s claim that the former cricketer did “not want to adhere to the AVO nor comply with the bail” conditions was rebuffed by arguing there was a “very big difference” between someone who has “a flagrant disregard” for the law and an unfortunate relapse that led to the contravene AVO charge.

      The court heard that Mr Slater understood “the importance of protecting the complainant” and “he understands that she does not want to have any contact from him…However it is clear that what has occurred in a state of him relapsing has brought him before the court.”

      The proposed bail conditions required him to remain at a family member’s home until a bed is available at Northern Beaches Hospital’s mental health ward.

      The head of the mental health ward unit confirmed that the court and police station would be notified if Mr Slater is discharged, and Slater would reside there for at least three weeks.

      The Magistrate said, “in my view it’s in the interests of the community and Mr Slater that he gets some treatment in the community…I’m prepared to grant bail but it will be very, very strict bail.”

      When he was asked if he understood the conditions, Michael Slater replied: “yes, yes I do”.

      AVO Lawyers Manly

      An AVO is an apprehended violence order. It is a Court order imposed on a person for the protection of another person (or persons).

      There have been a number of recent examples of AVOs being withdrawn and/or dismissed after retaining experienced AVO lawyers. You can read about how to get an AVO dropped. You can also view some recent cases by clicking here.

      We have offices throughout the Sydney metropolitan area where you can speak to experienced Manly AVO Lawyers. We can arrange a conference for you with a Law Society Accredited Specialist in AVOs. Call Astor Legal on (02) 7804 2823. Or, you can email info@astorlegal.com.au.

      There are some mandatory conditions that come with an AVO, and then there are other optional conditions. These conditions restrict the behaviour of the person on whom the AVO is imposed.

      As an AVO is not a criminal conviction, it will not appear on any Police check. However, an AVO may place restrictions on what you can and cannot do. If you contravene an AVO then there are also significant repercussions, including potential jail time. Some common examples of conditions are:

      • You cannot approach or contact a particular person or persons;
      • You cannot enter a particular premises;
      • You cannot go within a certain distance of a particular location;
      • You cannot be in the company of a particular person within 12 hours of consuming alcohol.

      Because of this, people commonly ask how to beat an AVO. To answer this question, AVO lawyers refer to Section 16 of the Act which sets out the factors that must be proved on the balance of probabilities for an AVO to be made:

      1. The alleged victim has reasonable grounds to fear a personal violence offence from you; and

      2. The alleged victim, fears a personal violence offence from you unless:

      a) The alleged victim is under 16 years of age

      b) The alleged victim has a mental impairment

      c) the alleged victim has, in the past, been subject to a personal violence offence from you and the court believes there is a reasonable likelihood of it occurring again.

      3. It is appropriate to make an AVO in the terms sought.

      If any of these matters cannot be proved, then the AVO will not be made.

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