June 29, 2018

AVO application against mother withdrawn after successful defence: Client AM

This case involved an application for an apprehended violence order  (AVO) to be issued against our client AM. The person in need of protection under the AVO was JM who was the 11 year old son of AM.

Mother attempts to handle troubled child

On the night in question, JM was acting rudely and in defiance against his mother. AM told JM that his behaviour was unacceptable but he continued to act in the same manner. JM attempted to discipline her son by banning him from watching TV, however, the argument between the two only escalated. JM pushed his mother away which caused AM to use physical discipline to stop JM’s unmanageable behaviour. JM called the police, and the police spoke to AM when they arrived at the house. Despite AM telling the police what had happened they arrested her and took her to the police station. She was served with an interim AVO with an application for a final AVO to be heard at the Local Court at a later date.

Successful defence against AVO application

O’Brien Criminal & Civil Solicitors represented AM who was seeking to defend the AVO application. It was argued that the events on the night of the incident, AM’s interactions with the police, and the issuance of the interim AVO had caused her mental and emotional distress and a strain on the family’s dynamics. In addition, the defence assisted in the preparation of statements from 16 people who provided strong opinions as to AM being an excellent mother who had to deal with a troubled child. Further, there was consistent evidence that this was one-off incident and that she did not usually use physical discipline when dealing with her son.

AVO application withdrawn

Finally, it was also argued that an AVO would not serve the purpose of protecting the child (which an AVO aims to do), but rather it would impede upon the relationship between AM and JM as well as impact on the family dynamics. Based on this evidence, the application for the AVO was withdrawn.

If you are looking to defend an AVO application against you speak to O’Brien Criminal & Civil Solicitors for expert legal advice. Call us on (02) 9261 4281 for a free initial consultation.