Man Falsely Imprisoned After Police Allege AVO Breach
False imprisonment when enquiring with a Police Station
George’s* partner took out a Protection Order against him in NSW. A Local Court Magistrate dismissed the matter. However, his partner subsequently took out a second Protection Order a month later. George attended his local Police Station to discuss this. When he arrived, the officers told him he must wait in the reception area to receive documents they had for him. They then took him into an interview room.
Police told George that he breached an AVO. In response, George asked how, as he had no contact with his ex-partner for several months. In response, one of the officers became aggressive, and stood over George, accusing him of breaching an AVO again. George reiterated that he had not had contact with his ex-partner in months. In response to which the officer banged his fist on the table, tore up the statements in front of them, and threw the paper towards his face. The police then directed George to leave.
Compensation for False Imprisonment and Assault
During his detainment and questioning, George felt fearful for his safety. He approached O’Brien Solicitors to make a claim against the State of NSW for his treatment. O’Brien Solicitors argued that the officers who detained George did not have reasonable grounds to suspect that he was committing or had committed an offence under s 99(1)(a) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). As such, George experienced false imprisonment for the time he was in detention at the Police Station. Further, the unlawful infliction of force and threatened force by the officers caused George to fear harm, giving rise to a claim for assault and battery.
O’Brien Solicitors settled the matter, and George received compensation for his experience and payment of his legal costs.
*Names have been changed to protect the identity of our clients.