In April 2024, our 39-year-old client from Blacktown had police attend his home after a family member contacted authorities with concerns about the wellbeing of his partner, who had not been answering her phone.
Police attended the residence and spoke with both our client and his partner. At the time, his partner confirmed she was safe and declined to provide any written statement to police.
Despite this, following their enquiries, police issued our client with an Apprehended Domestic Violence Order (ADVO) for the protection of his partner. The order prevented our client from residing in the family home with his partner and their four-year-old son. He was required to appear before the Parramatta Local Court in relation to the matter.
Concerned about the serious impact this order would have on his family life, our client contacted Krayem & Co Lawyers and spoke with lawyer Talal. After carefully reviewing the police material and discussing the circumstances in detail, Talal explained all available options and advised him on the most effective strategy moving forward.
Talal immediately began preparing detailed legal representations to police. In these representations, she outlined several compelling reasons why the prosecution would be unable to satisfy the court that a final ADVO was necessary. She highlighted the lack of evidence, the absence of any complaint from the protected person, and why the court would not be satisfied on the balance of probabilities that an order should be made.
Submitting these representations early was the most efficient way to resolve the matter without the need for lengthy contested proceedings.
After reviewing the representations provided by Krayem & Co Lawyers, police reconsidered their position.
By the second court date, police agreed to withdraw the ADVO application. The matter was subsequently dismissed in court.
This outcome saved our client significant legal costs, time, and emotional stress. Most importantly, it allowed him to return home and continue living with his partner and young son without the restrictions of an ADVO.
