No Complainant, AVO Withdrawn

A Provisional Apprehended Violence Order (AVO) was issued against TH in protection of his wife. TH retained Chris Cole to represent him in defending the AVO. The AVO Application was then listed for Hearing at Waverley Local Court.

On the Hearing day, the Court was made aware that the Officer in Charge was not notified of the Hearing date. Consequently, the person in need of protection (PINOP), the wife, was not subpoenaed. The Prosecution sought an adjournment to allow the PINOP to be subpoenaed. Chris opposed the adjournment application and made submissions as to why an adjournment should not be granted. The Magistrate agreed with Chris and refused the Prosecution’s application for the adjournment. Subsequently, the AVO Application was withdrawn and the matter was dismissed. 

Charge and ADVO Withdrawn by Prosecution Prior to Hearing

SM was charged with one count of ‘Enter inclosed land not presc premises w/o lawful excuse’, contrary to Section 4(1)(B) Inclosed Lands Protection Act 1901. Consequently, the Police had made an Application for an Apprehended Domestic Violence Order (ADVO) between the victim and the accused. The victim and the accused are ex partners.

Christopher Cole attended Waverley Local Court with SM where the charge and Application for an ADVO were listed for Hearing. After lengthy discussions with the prosecution, Police agreed to withdraw the charge and the application for an ADVO just prior to Hearing. Accordingly, the charge and ADVO were withdrawn.

This is a very pleasing outcome for SM.