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Post #32455 by pearlessence on October 24th 2010, 10:17 PM (in topic “Depression leads to AVO: how do we get tackle this in court?”)

Depression leads to AVO: how do we get tackle this in court?:

Baby is only 4 months old. I do make a concerted effort to have time with my husband each day, thank him, compliment him and let him know I care.
Thanks for your concern in this area. But I am really needing some help with the AVO/Charges.

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Post #32453 by pearlessence on October 24th 2010, 8:16 PM (in topic “Depression leads to AVO: how do we get tackle this in court?”)

Depression leads to AVO: how do we get tackle this in court?:

Thank you for sharing your experience tadeuszk191 and for the information about the information I provided to police. I understand it is in my hands and that is why I am hoping to get some pearls of wisdom from this forum about dealing with the AVO and charges of common assault.
My marriage is special and my husband realises how much his depression has affected our relationship. The police being involved has been a catalist for him finally acknowledging his problem.

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Post #32451 by pearlessence on October 24th 2010, 6:06 PM (in topic “Depression leads to AVO: how do we get tackle this in court?”)

Depression leads to AVO: how do we get tackle this in court?

My Husband was suffering from undiagnosed and untreated depression for over 12 months and has experienced many life changes during this time (the main things being a baby, 3 very close friends die, change of job, financial stress) I have been begging him to seek help, but he refused. I have made our family doctor aware of my concerns and sought counselling for myself to cope at home.

After a week of arguements, he cracked and he tried to choke me. Feeling scared I rang the police. When the police arrived I tried to explain to them I do not want him charged, I do not want an AVO, I wanted him to leave the property for the night and for him to get some help. He is sick. He was taken away, charged with common assault and an interim AVO applied, but he is still able to be here at home with us. I told the police everything because they asked me to and I didn't understand that it would be used in their case against him. I was asked to sign the book at the end, but declined to have it reread back to me or read it myself as I was so upset by this stage.

A positive outcome is that he has finally agreed and can see that he does need to get professional help for himself and as a couple. We commence counselling this week and my husband has commenced his individual counselling.

The police want to proceed with common assult charge and we have the AVO hearing coming up in 2 weeks. The violence was out of character for him.  He is understanding how he has been affected by depression. ALL he needed was help, not to be dragged through court. I have approached the police and advised them of the above, but they have told me it is out of their hands and now with the courts. (I understand they are legally required to proceed with the charges incase the 'victim' is pressured into dropping charges etc) They are unable to add any further information to the 'evidence'. We are unable to afford a solicitor on one wage.

We don't know how to tackle this and your help, information or experience would be appreciated. Is there something we are not considering or have not thought of? We are currently planning to go to court together (with our baby). We do not want this dragging out over several court appearances.

So my questions are:

1. His job requires him to have a 'clean record', how this will affect his record, or any further travel overseas?
2. How do we have the charge of common assault thrown out?
3. How do we have the AVO thrown out?
4. I am under the impression that I am unable to recind my statement. Should I just not cooperate on the day if they ask me about what happened?
5. I am under the impression from the police that the outcome depends on the magistrate on the day?
6. Any help, advice, experiences would be appreciated.

Thank you.

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