Neighbour Dispute APVO
The client is dealing with an Apprehended Personal Violence Order (APVO) issue prompted by a neighbour in New South Wales. The dispute involves an incident in late 2024, sparked by a disagreement during which an acquaintance allegedly engaged in behaviour perceived as aggressive towards the neighbour, resulting in the APVO application. There were several witnesses to this event. The client has made attempts to apologize and mend the situation, but issues have persisted, including the neighbour recording the client during family disagreements. The client currently lacks evidence to contest the APVO but noted being recorded by the neighbour, which may have been misinterpreted.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat evidence do I need to gather to contest the APVO?
To contest the APVO, gather evidence demonstrating that you are not a threat to your neighbour. This could include:
- Witness Statements: Obtain statements from those present during the incident to support your version of events.
- Character References: Collect references from individuals who can attest to your peaceful nature.
- Incident Records: Document previous interactions, including dates and specifics, where your neighbour's behaviour was provocative.
- Communication Records: Include any written communication that shows attempts to resolve disputes amicably.
Consider presenting instances where the neighbour recorded you without context as evidence of possible harassment.
How can I challenge the APVO in court?
To challenge the APVO in court, you can file a notice of intention to defend and attend the hearing to present your side, supported by evidence or witnesses. It's crucial to demonstrate that the APVO is unnecessary, perhaps by showing that no threat or harassment took place and highlighting your efforts to resolve issues amicably.
What are the potential consequences if the APVO is upheld against me?
If the APVO is upheld, it may impose restrictions such as prohibiting contact with your neighbour or approaching their home, which could disrupt your daily life. Non-compliance can result in criminal charges and potential penalties, including fines. While an APVO is a civil order, breaches can have serious legal ramifications.
How does an APVO affect my rights and daily life?
An Apprehended Personal Violence Order (APVO) can significantly impact your rights and daily life by restricting your interaction with your neighbour. This may affect your routines and movement near their property. Compliance is essential, as breaching an APVO is a criminal offence.
Can I negotiate with my neighbour to resolve this dispute without going to court?
Yes, negotiating with your neighbour can help resolve the dispute without court intervention. You may consider proposing a mediation session with a neutral party to facilitate constructive dialogue.
