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Post #35196 by InDistress on March 9th 2011, 12:00 PM (in topic “AVO Lifted ?”)

AVO Lifted ?:

Just an update; I breached the interim AVO and have now had "breach bail" and "breach avo" added. The assault has been dropped and replaced with "stalk and intimidate".

So now I am facing; Break and enter with intent to steal <$60,000,
Stalk and intimidate,
Cause damage to property <$2000,
Cause damage to property <$2000,
Breach ADVO,
Breach bail.

The breach of bail happened one night I had was feeling depressed and attempted to overdose and sent her a goodbye message.

2 days later I went to hospital and was checked out fine, saw a psychiatrist at the hospital and everything was fine. The next week I was back in my hometown where the original incident took place for court, and after a few days in town the local police arrested me for the breach of avo, was refused bail by the Sergeant and faced court the next morning. While in custody I was seen by a court appointed health worker, who informed me of a Section 32 under the mental health act, where no conviction is made for any charge, on the basis of a temporary mental condition at the time of the incident.

I was released on bail from the court, but the avo was enforced for 12 months. After, I immediately left town.

Part of the Sect 32 is going on a mental health plan for 6 months so have seen a GP to get that set up. I have a meeting with the court health worker tomorrow, before court next Tuesday where we find out if the Sect 32 will be accepted, if not, I enter pleas.

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Post #34016 by InDistress on January 14th 2011, 8:55 AM (in topic “AVO Lifted ?”)

AVO Lifted ?:

No, this is her new boyfriend, who was with her when she arrived home to find me there. The new boyfriend made the complaint to the police by making the first call to them. The PINOP is my ex girlfriend, the fact sheet states that "the accused then lent in to the victim and headbutted her".

I do not know, originally I believed it was her boyfriend pressuring her into doing all of this, but as the AVO is in place, I have no way of contacting her to find out.

Yes, sorry it is an interim AVO. I have never had an AVO against me, or any criminal history in the past.

I don't believe the assault will go well in court, a friend police officer told me that they have to prove you intentionally tried to hurt her, which comes back to the "small amount of pain" etc.

The break and enter isn't looking good. 3 charges on the matter "break and enter with intent to commit serious indictable offence, steal." And "break and enter and commit serious indictable offence, steal, to wit, one can of red drink" And also "intentionally or recklessly destroy/damage property, to wit, gyprock wall and window of property."

Also her neighbours "witnessed the whole thing: saying they saw me go through the whole house turning lights on and off, unlock her car but not gain access to it, steal one can of drink, and attack the new boyfriends car", which I have no idea what it is. Only her car was in her driveway at the time. In the original statement "a neighbour approached asking who owns the white ute, there may be damage to it. The (new boyfriend) inspected but found no damage." Now I am also being charged with "intentionally or recklessly destroy/damage property, to wit, passenger window white ute." Being there 5 nights a week for the past year when we were together, when the house is empty the blinds are down, And neighbours from any angle can actually only see in her kitchen window, besides the front end of the house where if the blinds were up you could see into the living room alone, the rest of the house is surrounded. And I am also asking the question, if the neighbours noticed suspicious activity why did they not call the police immediately? And how could they identify me at 3am from their window, across the road into her window ?

With the whole "break and enter with intent to commit serious indictable offence therein, to wit, steal." If I was going to steal, would I not have just got what I could and just run away. I was in her car port when they arrived home, after waiting a while, and I did not have any of her property at all.

In her statement she defined us a living defacto for 2 years. She has children, which are not mine, but after being with her for that long I also fell in love with her kids, and not seeing them has also been heartbreaking. We've been separated for 3-4 months now, this incident occured on the 27th Dec 2010.

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Post #33986 by InDistress on January 12th 2011, 11:14 PM (in topic “AVO Lifted ?”)

AVO Lifted ?:

No, I have full legal representation helping me on the matter, helping being a term I use loosely at this point in time.

The drunk headbutt was leaning in to talk to her, as it was loud and I got bumped, slipped my footing a little and just knocked heads. Her original statement saying "the victim did not suffer any injury other than a small amount of pain." I am a well sized, fit guy, if I were to intentionally headbutt someone, which I never would, the outcome would've been alot worse.

Also after I left her place that night, it was her new boyfriend who called the cops, who enforced the avo, and are now pressing the charges.

I say the whole councillor issue so I don't get any "love sick, get over it" responses, which I have received from others.

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Post #33967 by InDistress on January 12th 2011, 8:48 AM (in topic “AVO Lifted ?”)

AVO Lifted ?

I was in a relationship with a girl for almost 3 years. Recently we split as I was moving to sydney. We kept constant contact and even detailed still having strong feelings for each other.  I went back to my home town for christmas to see my family and found out she had a new bf and found out the hard way. I was drunk and sent her abusive messages about the new guy.

Later in the night I went to talk to her in a club and being drunk slipped and we knocked heads. I was evicted from the club for head butting her.

I then went to her house and when she got home I was outside her house but a window was smashed. I then went home. Later the police came to my house and arrested me for break and enter with intent to steal and causing damages. But told me nothing would come of the alleged headbutt. Later in the police station I was informed on top of the original charges the assault was also included now and an avo was enforced, by the officor who told me and my parents that nothing would come of the ' headbutt'.

Going through this has been extremely stressful and depressing. I have never been in trouble with the law before, but through all my problems over the last 3 years she has been my only support. Effectively I lost my best friend as well. Emotionally I am not coping with the avo in place, going from constant contact and now completely nothing though the toughest stage of my life. Is there a way to have the avo lifted due to extreme emotional trauma? And before it is brought up I have been seeing a councillor etc. Any help is appreciated thank you.

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