APVO application used to unlawfully arrest man
Apprehended Personal Violence Order (APVO) application
George* was having a dispute with his neighbour. Previously, his neighbour filled out and signed an Apprehended Personal Violence Order (APVO) application. However, it was only an application and the court had not yet made any conditions effective.
An APVO relates to the protection of a person/s where there is no domestic relationship between the parties, eg co-workers and neighbours.
George’s neighbour called the police to complain that George breached an APVO. The neighbour showed the police these documents. The police subsequently went to George’s house to arrest him for breach of APVO. George tried to explain that it was only an application and no APVO was in force. The officers told George he was under arrest but allowed him to change his clothes before leaving. George attempted to close his front gate to change, however an officer barged through the gate to arrest him. The officer pushed George’s shoulder while arresting him and grabbed his camera.
The police then transported George to Campsie Police Station but later released him without charge.
We sue the NSW Police
O’Brien Criminal and Civil Solicitors acted for George in a civil claim against the State of New South Wales for assault, battery and trespass to goods. We claimed the officers did not have reasonable grounds to suspect that George was committing or had committed an offence in contravention of section 99(1)(a) and 99(1)(b) of the Law Enforcement (Powers and Responsibilities) Act (LEPRA). Further, the officers used more force than reasonable necessary during the arrest. This was in contravention of section 230 and 231 of LEPRA.
Successful outcome and monetary compensation awarded
We successfully settled his claim prior to going to court. The client received monetary compensation and the state paid his legal costs.
*We change names to protect the identity of our clients