AVO Dismissed at Burwood Local Court

Our client is an IT professional in a senior leadership role within Australia. 

Late last year he came to know his daughter had been taken advantage of by a colleague of his while she was in a vulnerable mental state. Our client held concerns for his daughter and his granddaughter’s welfare. 

Consequently, he attended his colleague’s residence to speak to him about his intentions towards his daughter and his disapproval of their relationship. A heated argument took place between our client, his colleague and our client’s son. 

Nine days later the colleague contacted Police claiming he had fears for his safety and required an AVO. The Police took an AVO against our client. 

Our client contacted us wanting to know how to beat an AVO. We began the process of attempting to have the matter withdrawn. Despite our representations, police insisted they wanted to press on with the matter – in large part due to the colleague wanting the AVO to remain. 

We arranged the taking of witness statements from our client’s son and his friend who were present when the argument took place. We also filed a statement from our client detailing what actually occurred and that it was merely a heated argument. 

The case proceeded at Burwood Local Court where the police officer in charge of the matter gave evidence. Upon cross-examination by one of our AVO lawyers, we were able to expose the investigation of the matter as being inadequate, as the police officer conceded that she had not contacted the witnesses who had been present at the time of the argument. 

During cross-examination of the complainant, we were able to expose the fact that he did not ask our client to leave his home at any time. We also highlighted the delay in his complaint to police which pointed to his lack of fear. These factors were emphasised in our closing submissions

The Court was ultimately not satisfied on the balance of probabilities that the PINOP had fears for his safety as as such they dismissed the AVO application. Our client and his family were overjoyed with the result and can now continue with their lives