AVO Withdrawn After Retraction Statement

Astor Legal recently represented a client in an Apprehended Violence Order (AVO) matter where his parents were the Persons in Need of Protection (PINOPs).

Our client’s mother called police while our client was having a mental health episode. When police arrived they were quick to apply for an AVO against our client for the protection of his mother.

Our client approached us days before the first appearance at Parramatta Local Court. He explained that his mother did not want the AVO to be in place.

We commenced working on the case. First, we arranged for our client’s mother to obtain independent legal advice and prepare a statement supporting the AVO being withdrawn. She also set out that the Defendant is not a violent or aggressive person and does not pose a threat to her safety.

Further, we had our client commence psychological treatment with a detailed treatment plan for the next 12 months. The PINOP confirmed that her primary concern was the Defendant’s mental well-being rather than any fear for her safety.

We then drafted representations that highlighted a number of issues with the Prosecution’s case. These included that the PINOP did not provide a written statement to the Police, as required by the Local Court Practice Note No. 2 of 2012. We also highlights the relevant factors under Section 16 of the Crimes (Domestic and Personal Violence) Act 2007.

Ultimately, the police accepted our representations and agreed to withdraw the AVO.

This outcome allowed our client to avoid an ADVO, resume their normal life, and focus on addressing personal issues.