Our 40 year old client from North Richmond was served with an Apprehended Domestic Violence Order (ADVO) after his 14 year old daughter who suffers with autism, made false complaints against him.
Our client along with his wife were facing difficulties with their young daughter speaking to older men online, sending obscene photographs and refusing to attend school. Our client was doing his best to parent her during this time, however due to her rebellion, he became the subject of false allegations that eventually were made to the police.
Police took action and issued an Apprehended Domestic Violence Order against our client protecting his 14 year old daughter and required him to attend Windsor Local Court. The AVO put in place restricted his ability to live in his matrimonial home.
Our Principal Lawyer Tayla Regan immediately filed for a variation of the ADVO given the necessity for our client to live at his own home. This involved liaising with police and authorities, preparation of documents crucial to showing the need for our client to be home as well as arguments made to the Windsor Local Court that the condition was not warranted. This was successful and the AVO variation was granted.
The police still pursued the ADVO, and Ms Regan advised her client to oppose the order.
Ms Regan prepared a very detailed Affidavit on behalf of our client that exposed the untruths told by his young daughter, and background to her current state at the time. A letter called ‘legal representations’ - a document sent to police in order to negotiate with the command - was then prepared. As part of the representations, Ms Regan outlined the weaknesses of the case, credibility issues with the daughter, and why the police would not be able to satisfy the legislative criteria of an AVO.
Ultimately, despite the seriousness of the allegations and the fact that it related to the protection of a child, Ms Regan was able to convince the Windsor Police Area Command through representations that the police had no case. The Prosecution then agreed to withdraw the AVO before the matter went to Hearing.
As a result, our client was able to not only return home but he no longer has an ADVO against him restricting his freedom in circumstances where false allegations were made against him.
