May 26, 2016

Police v SXI: Apprehended domestic violence order (ADVO)

Apprehended domestic violence order – Section 15 Crimes (Personal and Domestic Violence) Act 2007 – false complaint – ADVO withdrawn and dismissed

Facts:

SXI was living with his fiancé’s parents. Due to tension between SXI and his in-laws, SXI decided to move out of the home. While he was moving his toaster out of the kitchen, SXI’s mother-in-law brandished a curved pizza cutter at SXI. SXI grabbed her arm in order to ward off the attack, before taking the pizza cutter from her and calling police.

When police arrived at the parents’ home, they spoke to the mother-in-law who gave a false complaint. Police decided to seek an apprehended domestic violence order (ADVO) against SXI.

Outcome:

Once instructions were received, representations were made to police as to the unreasonableness of the ADVO application. The prosecution accepted that the ADVO was misdirected, and the application was dismissed.

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