Before approaching our firm’s criminal lawyers for assistance, Diana self-represented herself in four Apprehended Violence Applications against her male neighbour and three of his friends. She had the Applications listed but missed a mediation date. It was clear to Diana that she required legal representation for this neighbour AVO.
APVO Application necessary to stop neighbour’s harassment
The reason Diana took out the Apprehended Violence Applications is because her neighbour and his friends were swearing and spitting at her and her partner Ben. They were also exposing their genitals and stalking them both. The police refused to assist Diana. This is one of the main reasons she contacted our firm.
Our criminal practice obtained a history of the matter from the Wyong Local Court registry which noted only one of the defendants attended Court once. The remaining three did not attend court at all.
Did Diana and Ben have a right to feel safe at home and at work?
Outcome: Our criminal solicitor appeared for Diana and Ben who were both in attendance at Wyong Local Court for mention. The four defendants did not attend. The Magistrate stood the matter until after morning tea to give the defendants an opportunity to arrive at court. However they did not arrive.
Sensing that the Magistrate would hand down a favourable outcome for our client the solicitor took Diana’s instructions and applied for the Court to make Final Orders. The solicitor successfully advocated:
- that Diana missed the mediation because she had no representation at that time,
- the four defendants had clearly shown a lack of interest in the proceedings by not attending,
- and that Diana and Ben feared for their safety on a daily basis.
The Magistrate was sympathetic to Diana’s situation and made Final Orders against all four defendants in their absence. These were for Apprehended Personal Violence Orders to be in force for two years.
Diana was ecstatic and relieved with the outcome.
If you have a neighbour dispute and you fear for your safety, contact our criminal lawyers. They will be more than happy to assist with private Apprehended Violence Applications.
