Charges withdrawn for multiple counts of Contravening AVO

Charges withdrawn for multiple counts of Contravening AVO

Our client had ongoing issues with his neighbour who lived in the unit opposite to him, along with many other residents within the building. An Apprehended Violence Order (AVO) was put in place between the two and stipulated that our client was not to assault or threaten, stalk, harass or intimidate the alleged victim.  It further specified that our client was not to approach or contact the victim unless it was through a lawyer. An incident occurred where the victim alleged that our client had breached this AVO by making a “throat slitting motion” towards the victim and then threatening to kill her. She then alleged that our client had pulled his pants down and indecently exposed himself to her.

Subsequently our client was charged with the following three offences: contravening a prohibition or restriction in an AVO under section 14(1) of the Crimes (Domestic and Personal Violence) Act 2007, exposing oneself within view of a public place under section 5 of the Summary Offences Act 1988 and stalking or intimidating to cause fear of physical or mental harm under section 13(1) of the Crimes (Domestic and Personal Violence) Act 2007. He was then arrested and taken to Granville Police Station. Throughout his police interview he adamantly denied all allegations.

Our client was deeply upset about the false accusations he was facing. He thought it was within his best interest to seek legal advice and subsequently retained Mr Zemarai Khatiz, an Accredited Criminal Law Specialist. Our client had informed the police that he was in fact the victim of ongoing abuse from the complainant. He had tolerated her yelling, swearing and verbal abusing him for one year. He was particularly distressed about this matter as it could also impact the status of his visa in this country. Mr Zemarai Khatiz worked tireless on the case and made representations to the police and prosecution highlighting the deficiencies in the case,  the lack of evidence against our client and significant issues in relation to the alleged victim’s credibility. As a result of his efforts, the prosecution agreed to withdraw all charges and the matter did not have to proceed to a defended hearing at court. Our client was very thankful as this tremendous outcome would mean that these allegations would not affect his visa and would allow him to stay in Australia.

If you want to reach the best resolution, you’ll want Oxford Lawyers on the job. For immediate assistance, please contact Mr Zemarai Khatiz and the Oxford Lawyers team.

Call us on 0478 821 38324 hours a day, 7 days a week.

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