AVO Withdrawal Request
The client is dealing with a family issue in New South Wales involving an Apprehended Violence Order (AVO) alongside domestic violence charges against a spouse. They approached law enforcement for the AVO, which has resulted in criminal charges. The client wishes to avoid their spouse receiving a criminal record, believing it will harm their family's future. They are participating in marriage counselling with the hope of maintaining family unity, which includes their children. Both parties continue to reside together with the children, and prior legal advice regarding the AVO and charges has already been obtained.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the possible legal consequences if I choose to retract or modify the statement against my spouse?
Retracting or modifying a statement in an AVO and domestic violence case can have important legal consequences. Generally, the decision to prosecute is made by law enforcement or the Director of Public Prosecutions, independent of the complainant's wishes. Thus, charges may still continue even if a statement is retracted. However, updating the statement can indicate your current position and may influence the prosecution's stance. Keep in mind that retracting a statement might affect your credibility as a witness, potentially impacting the case outcome. Consulting a legal professional is crucial to understand the legal implications of any actions taken.
How does the AVO impact my spouse's record, and is it possible to have it removed?
An Apprehended Violence Order (AVO) in New South Wales does not create a criminal record unless it is breached. However, it may be visible in background checks, which could impact employment, especially in positions that require specific checks. To have an AVO lifted, one can apply to the court to revoke or alter it, showing changed circumstances—like successful marriage counselling and mutual agreement to resolve conflicts. It's advisable to consult a solicitor to navigate this process due to its complexities.
What steps should we take to show the court that we are committed to resolving this issue through marriage counselling?
To demonstrate a commitment to resolving the issue through marriage counselling, consider submitting a statement to the court detailing your proactive steps. This should encompass information on counselling sessions attended, progress, and any recommendations from the counsellor. Affidavits from both partners expressing their readiness to improve the relationship can lend support. Additionally, evidence such as session attendance records or correspondence from the counsellor can substantiate your case. Be sure to convey these efforts clearly to the court, indicating active engagement with underlying issues.
Is it possible to have the domestic violence charges dropped or reduced, and what is the process?
To possibly have domestic violence charges dropped or reduced, it is essential to involve legal counsel who can negotiate with the prosecution. This may require demonstrating that moving forward with charges is not in the public interest or lacks evidence. Proactive measures, like attending marriage counselling, can be presented to advocate for leniency, underscoring a commitment to resolving the situation. Discussing all available options with a lawyer is important as they can provide advice tailored to your specific case.
How will this situation affect custody arrangements or parenting responsibilities if children are involved?
In this scenario, the existence of an AVO and domestic violence charges may influence future custody arrangements or parental duties, regardless of current cohabitation. Courts prioritize the best interests of the child, with safety and welfare at the forefront. If there is perceived risk from the allegations, it could affect custody and visitation decisions. Demonstrating proactive efforts, like undertaking marriage counselling, can help show the court a commitment to creating a safe environment for children. Consulting a family law solicitor would be beneficial for further discussion on implications.
