ADVO served and then amended to allow contact but client still arrested

The Plaintiff was served with an Apprehended Domestic Violence Order (‘ADVO’) against his partner who he was in a de facto relationship with. A week later the ADVO was amended to allow LL to be in contact with and in the proximity of his partner.

One month later police attended the Plaintiff’s home to serve documents and noticed that LL was with his partner. The ‘COPS’ system database had not been updated with the amended ADVO and the officer arrested LL. The Plaintiff was then entered into custody, charged with contravention of ADVO and strip searched. His charge was later dismissed and withdrawn.

Outcome: Sue NSW Police for Assault, Battery and False Imprisonment

O’Brien Criminal and Civil Solicitors subsequently commenced civil action against the NSW Police for Assault, Battery and False Imprisonment. The matter settled by mediation, prior to it being heard in court.