Can I contact the person I have an AVO against? Generally speaking, yes, you still can.
The orders in an AVO are on the defendant, not the person in need of protection.
However, there may be an order on the defendant not to communicate with you, so by contacting them, you could be assisting the defendant in breaching the AVO.
It really comes down to the AVO conditions stipulated in the order.
Remember that there are mandatory and additional conditions in an AVO.
Talking to the person you have an AVO against is NOT part of the mandatory conditions.
As a protected person, the AVO is not an order on you, meaning you cannot be charged for a breach of an AVO.
But note that repeatedly breaching your own AVO has legal implications and may result in the police or the courts getting involved.
Can a PINOP breach an AVO they filed?
A PINOP cannot be accused of violating an AVO they filed against a defendant.
However, there are still consequences that they can face when they intentionally and continuously breach the orders of the AVO they filed.
The following consequences are possible to happen:
- If the protected person violates the AVO, it might undermine their case against the defendant and result in the court revoking the AVO. The court may decide to withdraw the AVO if it determines that the protected person does not have a reasonable fear of the defendant or if the defendant has misbehaved. This can be a serious blow to the protected person, as the AVO no longer offers legal protection.
- Like the defendant, the protected person may suffer legal consequences if the AVO is violated. This may involve fines or jail time, depending on the gravity of the violation.
- The credibility of the protected person may suffer if an AVO is violated, especially if they are pursuing the order against the defendant. The court may see the protected person's conduct as hypocritical, making it more difficult for them to acquire an AVO in the future.
- If the protected individual repeatedly violates the AVO, the police may no longer offer protection. This is because the police may perceive the protected person as not taking the order seriously or as someone who is abusing the AVO for personal gain.
What To Do If the Protected Person in the AVO Keeps on Harassing You?
A defendant subject to an AVO may contact the police if they feel the PINOP is harassing them.
In such cases, the police may charge the protected person with offences such as stalking, intimidation, or using a carriage service to menace, harass, or insult.
If the protected person intimidates the defendant in an AVO, it might be difficult for the defendant to comply with the provisions of the order.
A protected person may try to harass you in the hopes that you then breach your AVO. Breaching an AVO can result in you going to prison.
If you find yourself in this scenario, do the following steps:
- It is important to keep a record of any incidents of intimidation committed by the protected person. This includes any threatening texts, phone calls, or in-person contacts. The paperwork will be important if you must report the protected individual's actions in court.
- If you feel threatened or intimidated by the protected person, you should immediately inform the police. The police can conduct an investigation and offer guidance on how to proceed. They can also take action against the protected individual if they violate the AVO.
- If you are experiencing trouble complying with the provisions of the AVO owing to the protected person's actions, you should seek legal help. A lawyer can give guidance and, if required, represent you in court.
- Seek for a modification of the AVO: If the protected person's conduct makes it challenging for you to comply with the AVO, you may be entitled to request a variation of the order. A variation can alter the terms of an order to make it more workable for both parties.
- It is crucial to take action to defend oneself if you feel threatened. This may involve changing your phone number, barring access to the protected person's social media accounts, or even relocating.
Conclusion
Question: Can I contact the person I have an AVO against?
Answer: Generally speaking, yes, you still can.
This depends, however, on the conditions stipulated in the order.
Remember that there are mandatory and additional conditions in an AVO and you should read them carefully to avoid any issues with the police or law.
Is the PINOP in your AVO Harassing or Intimidating You?
Being intimidated by the protected person in an AVO is a difficult situation requiring careful consideration.
We have the best AVO lawyers in Sydney and we are committed to providing our clients with the highest quality legal advice and representation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.