Client Imprisoned as Police fail to account for changed AVO conditions​

James* had an ex-partner who made an apprehended violence order (AVO) made against him, which varied in James’ absence from court. The AVO stipulated no contact between James and his ex-partner.

Police fail to serve changed AVO conditions

The Police Officers in question failed to serve the amended AVO on James. Shortly after, officers attended the protected persons residence. Then, they arrested James for breaching the conditions of the AVO.  Police refused bail. When he appeared before the Magistrate, the Magistrate also refused bail, and imprisoned him for a further two days. The matter went back before the court, the Magistrate found that there was no service of the  changed AVO conditions, and released James.

Lawsuit for assault, battery and false imprisonment

We made a claim against the State of NSW for assault, battery, and false imprisonment, in the civil jurisdiction of the NSW District Court.

We negotiated with representatives for the State of NSW. James got an excellent sum of compensation, as well as the State covering the cost of his legal affairs.

*  We change names to maintain confidentiality


O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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