Key Words: Stalking and intimidation – section 13 Crimes (Domestic and Personal Violence) Act 2007– Not consent to an AVO application – defended AVO hearing – AVO application dismissed
HD sought an apprehended personal violence order against AA. AA did not consent to the order and a hearing was commenced in the Local Court.
During the course of the hearing, HD alleged that AA had intimidated, harassed and threatened HD. AA gave evidence that this did not occur.
The Court was not satisfied on the balance of probabilities that AA’s conduct amounted to intimidation pursuant to the provisions of the Crimes (Domestic Violence) Act. The application for the apprehended domestic violence application was dismissed.