June 24, 2013 editor

Stalking and intimidation AVO application: AA v HD

Stalking and intimidation – section 13 Crimes (Domestic and Personal Violence) Act 2007– Not consent to an AVO application – defended AVO hearing – AVO application dismissed

Facts:

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.

Held:

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.

Testimonial:

“Thank you for your hard work fighting the AVO application. As a doctor in the practice, there were potentially serious implications for me had the AVO been ordered. Your defence of my rights in court, and the personal attention you gave to my case is truly appreciated by me and my family” AA

Contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281 to set up a free appointment with an experienced Sydney AVO Lawyer.