Our client, a 54-year-old mother from Rouse Hill, has worked as a dedicated primary school teacher for many years. She has been married to her husband for more than three decades and they have built a long and supportive family life together.
One evening, a heated disagreement occurred between the couple at their home. Neighbours overheard the argument and contacted police. When officers arrived, they spoke with the husband while he was visibly distressed and emotional. During that interaction, several statements were made which police later relied upon to form the view that an Apprehended Domestic Violence Order (AVO) should be made against our client. As a result, police placed her under arrest and issued a provisional AVO for the protection of her husband.
Despite this, the husband later clarified that he did not want any AVO in place and attempted on several occasions to have the matter withdrawn. Nevertheless, police indicated they intended to proceed with the order based on the initial evidence gathered at the scene.
Concerned about the serious implications this could have on her career and reputation, our client contacted Krayem & Co Lawyers and spoke with lawyer Leyah Chouman. Leyah carefully explained the legal process and the potential consequences if the AVO were finalised, including the possible impact on her ability to maintain a Working With Children Check required for her profession.
In preparation for the court hearing at Blacktown Local Court, our client worked closely with Leyah Chouman. A detailed response to the police evidence was prepared, outlining significant factual inconsistencies and legal issues within the prosecution case. The statement also highlighted the husband’s clear position that he did not wish for the order to continue.
In the weeks leading up to the hearing, Leyah Chouman engaged in ongoing negotiations with police prosecutors, firmly presenting the weaknesses in the evidence and advocating for the matter to be discontinued.
On the day of the hearing, further discussions took place with the prosecution. After reviewing the concerns raised and considering the circumstances of the case, the police prosecutor informed the Court that the application would no longer be pursued.
His Honour subsequently ordered that the AVO be withdrawn and dismissed.
This outstanding result meant our client could continue her career as a teacher without the risk of professional consequences, and she was able to move forward with her husband of over 30 years without any restrictions imposed by the court.
