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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44876
Experience:  24 years experience. Admitted in New South Wales and the UK.
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My friend was charged with breaking an avo when his ex-wife

Customer Question

My friend was charged with breaking an avo when his ex-wife came onto his property and called police. Is that legal
Submitted: 11 months ago.
Category: Australia Law
Expert:  James-Law replied 11 months ago.

Hello my name is ***** ***** I will help you with this.

Could you please explain your situation a little more?

Customer: replied 11 months ago.
I'm not sure how much more is relevant. I am simply asking if it is possible to break an avo when the avo holder comes to your residence to cause trouble. There was no violence no altercation. He was simply in breach of the avo by closeness. is this possible obviously I don't think it can be due to the overwhelming ability to be injustly set up
Expert:  James-Law replied 11 months ago.

Just to clarify, AVO?

Customer: replied 11 months ago.
Apprehended violence order I am in Australia btw
Expert:  James-Law replied 11 months ago.

I see, you have posted this in UK law. I will ask for it to be transferred.

Expert:  Leon replied 11 months ago.

Good Morning.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand I am very limited on what I can tell you and that you may have to get more detailed advice.

Unfortunately it is depending on what the order actually says.

If it is a matter where she entered and he did nothing and she called the police then he can argue he did nothing.

It all depends on the detail of the order and what happened on the day that the order was allegedly breached

He has to look at the facts and see if they are correct or not.

I hope this makes sense and is of assistance. if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 11 months ago.
That info is next to useless and I don't think worth anything.
Expert:  Leon replied 11 months ago.

Good Morning.

I am sorry you fee this way. It is very difficult to give you anything more without seeing the facts but most AVO say he will not approach intimidate etc. If he has done any of this he is in breach.