Even when a spouse or other family member recants their allegations of intimidation or threats, law enforcement will continue with seeking a conviction against the accused.
It is important to have someone with the know-how and expertise our firm is well known for by your side.
however the AVO would have been technically more difficult to obtain because; "The court has to be convinced that the protected person needs an AVO because they fear the defendant, and it is reasonable for them to fear the defendant.
The court needs to be convinced on the balance of probabilities, which means that something is more likely to be true than not." We had a detailed records of the behaviour of the NFH so it would have been up to us, largely based on those records, to convince the court had the NFH chosen to contest the issuing of an AVO against him. when you speak to the police make sure that you ask for the Name of the officer you are speaking to and ask for a receipt .) this way the police will take you seriously and you will be able to prove your complaint/s in court if that becomes necessary.
With emotions running high, a family member can easily accuse another of having threatened or intimidated them simply because of the disputes going on in the family.
If you find yourself facing these types of charges, consulting with a Riverside domestic violence attorney from Law Offices of Paul Grech can provide you with a skilled and experienced counsel to represent you.
In hindsight we should have pursued the AVO regarding the stalking and one of the reasons we hadn't was that when we had previously contacted the police about the threatening and intimidating behaviour, the officer we spoke to was less than encouraging and said "its your word against theirs" and made no mention of the possibility of obtaining an AVO. You can download a Stalking Incident Log PDF here An Apprehended Violence Order (AVO) is a court order that aims to protect a person from domestic or personal violence.
Domestic and personal violence can include: An AVO can also protect property that has been damaged or threatened with damage.
At one point, she says he even left a shooting target and a steak knife by her door. On that recording, a man is heard banging outside her door and arguing with himself.
It’s mostly gibberish but certain expletives stand out.
Had we obtained an AVO earlier, because of the stalking, the assault may not have happened ?
the NFH would have had to consider the possibility of a gaol sentence ?
In domestic violence situations, when someone is accused of threatening or intimidating another, it can be charged as an assault offense and is considered a violent crime.