Can I Contact The Person I Have An AVO Against?

April 28, 2023by Naomi Cramer


Can I contact the particular person I’ve an AVO towards? Typically talking, sure, you continue to can. 

The orders in an AVO are on the defendant, not the particular person in want of safety.

Nevertheless, there could also be an order on the defendant to not talk with you, so by contacting them, you can be helping the defendant in breaching the avo.

It actually comes all the way down to the avo situations stipulated within the order. 

Keep in mind that there are necessary and extra situations in an AVO

Speaking to the particular person you may have an AVO towards is NOT a part of the necessary situations.

As a protected particular person, the AVO isn’t an order on you, that means you can’t be charged for a breach of an AVO.

However observe that repeatedly breaching your individual AVO has authorized implications and will consequence within the police or the courts getting concerned.

 

Can a PINOP breach an AVO they filed?

A PINOP can’t be accused of violating an AVO they filed towards a defendant. 

Nevertheless, there are nonetheless penalties that they’ll face once they deliberately and repeatedly breach the orders of the AVO they filed.

The next penalties are potential to occur:

  • If the protected particular person violates the AVO, it’d undermine their case towards the defendant and consequence within the courtroom revoking the AVO. The courtroom might resolve to withdraw the AVO if it determines that the protected particular person doesn’t have an affordable worry of the defendant or if the defendant has misbehaved. This generally is a severe blow to the protected particular person, because the AVO not provides authorized safety.
  • Just like the defendant, the protected particular person might endure authorized penalties if the AVO is violated. This will likely contain fines or jail time, relying on the gravity of the violation.
  • The credibility of the protected particular person might endure if an AVO is violated, particularly if they’re pursuing the order towards the defendant. The courtroom may even see the protected particular person’s conduct as hypocritical, making it harder for them to accumulate an AVO sooner or later.
  • If the protected particular person repeatedly violates the AVO, the police might not supply safety. It’s because the police might understand the protected particular person as not taking the order significantly or as somebody who’s abusing the AVO for private achieve.

 

What To Do If the Protected Individual within the AVO Retains on Harassing You?

A defendant topic to an AVO might contact the police in the event that they really feel the PINOP is harassing them. 

In such circumstances, the police might cost the protected particular person with offences equivalent to stalking, intimidation, or utilizing a carriage service to menace, harass, or insult.

If the protected particular person intimidates the defendant in an AVO, it could be tough for the defendant to adjust to the provisions of the order. 

A protected particular person might attempt to harass you within the hopes that you just then breach your AVO. Breaching an AVO can lead to you going to jail.

If you end up on this state of affairs, do the next steps:

  • You will need to preserve a report of any incidents of intimidation dedicated by the protected particular person. This contains any threatening texts, cellphone calls, or in-person contacts. The paperwork shall be necessary when you should report the protected particular person’s actions in courtroom.
  • For those who really feel threatened or intimidated by the protected particular person, you need to instantly inform the police. The police can conduct an investigation and supply steering on find out how to proceed. They will additionally take motion towards the protected particular person in the event that they violate the AVO.
  • In case you are experiencing hassle complying with the provisions of the AVO owing to the protected particular person’s actions, you need to search authorized assist. A lawyer can provide steering and, if required, signify you in courtroom.
  • Search for a modification of the AVO: If the protected particular person’s conduct makes it difficult so that you can adjust to the AVO, you could be entitled to request a variation of the order. A variation can alter the phrases of an order to make it extra workable for each events.
  • It’s essential to take motion to defend oneself when you really feel threatened. This will likely contain altering your cellphone quantity, barring entry to the protected particular person’s social media accounts, and even relocating.

 

Conclusion

Query: Can I contact the particular person I’ve an AVO towards? 

Reply: Typically talking, sure, you continue to can. 

This relies, nonetheless, on the situations stipulated within the order. 

Keep in mind that there are necessary and extra situations in an AVO and you need to learn them rigorously to keep away from any points with the police or legislation.

 

Is the PINOP in your AVO Harassing or Intimidating You? 

Being intimidated by the protected particular person in an AVO is a tough state of affairs requiring cautious consideration.

We’ve the very best AVO legal professionals in Sydney and we’re dedicated to offering our purchasers with the very best high quality authorized recommendation and illustration.



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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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