In May 2022, our 42 year old client from Westmead had police attend his home in relation to a welfare concern that his wife was not answering her phone. A family member alleged to have concerns about this.
Police attended our client’s home and spoke with our client and his wife. His wife refused to provide a written statement to police at the time.
As a result of enquiries, our client was later served with an Apprehended Domestic Violence Order (ADVO) protecting his wife and prohibiting our client from living with her and his young 3 year old daughter at their family home. He was to appear before the Parramatta Local Court for the proceedings.
He immediately contacted CDLA and spoke with our Managing Senior Lawyer Tayla Regan. After reviewing the paperwork and guiding our client, Tayla advised him of all his options and the best course in the circumstances.
Accordingly, Tayla got right onto the job. She wrote to the police by way of ‘legal representations’ outlining all the compelling reasons why the prosecution won’t be able to prove its case against our client, and thus the court would not be satisfied on the balance of probabilities that a final ADVO order ought to be made against our client. This was the most streamlined way to avoid significant delay in fighting the ADVO to finalisation.
Tayla wrote to police providing compelling reasons as to why the ADVO ought to be dropped at an early stage against our client.
By the second court date, the police agreed to withdraw the AVO. This ultimately resulted in the AVO being dismissed in court saving our client significant legal costs and stresses.
This avoided significant court time and resources for what otherwise would have been lengthy proceedings. This was the best possible outcome and our client was able to return home to live with his wife and daughter.