AVO Breach Case
The individual is currently facing legal proceedings in New South Wales for allegedly breaching an Apprehended Violence Order (AVO) and also facing charges of criminal stalking. The hearing for these charges is imminent, and the individual is seeking an adjournment of the hearing. This conversation aims to gather more details to help the individual understand their situation.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the potential legal consequences if I am found guilty of breaching the AVO and criminal stalking in New South Wales?
If convicted of breaching an AVO in New South Wales, you could face penalties of up to 2 years' imprisonment and/or a fine of up to $5,500, reflecting the laws under the relevant acts. Criminal stalking can lead to imprisonment for up to 5 years. The court will consider several factors, including the seriousness of the breach, your intent, any past convictions, and the victim's situation. It's advisable to explore mitigating factors that could influence sentencing if found guilty, and seeking legal guidance may be essential.
What are my options for defence in these charges, and what evidence should I gather to support my case?
For your defence against the charges of breaching an Apprehended Violence Order (AVO) and criminal stalking, consider demonstrating a lack of intent or mistaken belief regarding the AVO. Gather evidence such as communication records, witness statements, and documentation proving your whereabouts during the incidents in question. Review the AVO’s terms carefully. Evidence showing the complainant's consent or misunderstandings may also be important. Establishing an alibi or questioning the validity of the complainant's claims can support your case. Consulting a solicitor for a specific defence strategy is highly recommended.
How can I request an adjournment and what is the likelihood that it will be granted?
To request an adjournment, inform the magistrate at your hearing and provide reasons such as needing additional time to secure legal advice or gather necessary evidence. Demonstrating efforts to prepare your case can enhance your request's credibility. The likelihood of an adjournment being granted typically hinges on the magistrate's assessment of your reasons. If this is your first request and you show a genuine necessity, it may be more readily approved.
What strategies can I use to demonstrate that I did not intend to breach the AVO or engage in stalking?
To show you did not intend to breach the AVO or engage in stalking, consider these strategies:
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Misunderstanding or Miscommunication: Argue that any contact or actions were accidental or misinterpreted, lacking intent to harass.
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Absence of Malicious Intent: Present evidence that suggests your behaviour was benign or had a legitimate purpose.
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Alibi or Witnesses: Provide evidence or witnesses that can verify your location or actions during the alleged breach.
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Lack of Knowledge: Demonstrate that you were unaware of the AVO restrictions, provided your lack of knowledge was reasonable.
Consult available resources for further guidance on preparing your defence.
Are there any programs or counselling services available that could positively influence the court's perception of my actions and intent?
Participating in counselling or rehabilitation programs in New South Wales may positively influence the court's view. Consider enrolling in programs that tackle issues related to domestic violence, anger management, or stalking. Many organizations and community services provide such programming. Engaging in these services demonstrates proactive steps toward rehabilitation, which could be favourably received by the court.
