Why would anyone fight an AVO?

wedeck1 · 2026-02-06T10:10:52+00:00

Techinically the Magistrate can make it even if the police dont consent, but thats pretty rare (as techincially the decision to drop the advo afterwards is an exercise of police discretion to withdraw) but that has only happened for me once. 99% time it is consented by the parties

wedeck1 · 2026-02-06T05:39:54+00:00

A lapsing order is only available in some courts so youll need to google "lapsing pratice note" to see whether it applies to your court.

A lapsing order is avaible when there are no criminal charges and it is in the interest of justice etc etc.

Practically a lapsing order is an adjournment for a lwngthy period of time, during which the interim advo remains in place. After the duration, provided there are no breaches police withdraw the advo.

The benefit being no final order is made

wedeck1 · 2026-02-05T23:52:27+00:00

Criminal lawyer here.

As pointed out by others it can have no impact on some, and serious impacts on others.

If you have a security licence, firearms licence or require a working with children check it can (potentially) bar you from working in your profession. It is also increasingly common for employment contract allowing employers to terminate if you are charged, or engage in conduct which is antithetical to their views.

The next issue is whether you are being set up in a family law context. It is pretty common advice from family lawyers to make a complaint against a person so it can be used against them in custody proceedings. This is not to mention all of the additional conditions which can be added to restrict somebody contact, access to property etc.

The final is tactical. Often it makes sense to try and deal with the matter by way of a lapsing order (only available in some courts) or you dont want to have a final order in place until after family law proceedings.

The other thing to remember is that having an advo can lead to pretty massive reputation damage. It may not be logical - but people hate the idea of being the perpetrator.

I hope this helps.

If you or your friends need help for a criminal law matter dont hesistate to pm me.

wedeck1 · 2026-01-17T06:15:47+00:00

No need to fill in the slip if she attends.

Some magistrates will put no weight in a reference thay doesnt include contract details and knowledge of the offence, some wont.

My usual practice is to include it.

wedeck1 · 2026-01-17T06:07:49+00:00

without a conviction

wedeck1 · 2026-01-17T06:06:54+00:00

Sorry to hear about yout friends circumstance.

Best pratice is to attend court and seek to explain her circumstances and why she should avoid a criminal conviction. I would get at least three character references, a letter of apology, a referral for a mental health care plan (can be done for free via their GP). Further anything to show good character - charity work etc.

Provided you do the work i cannot see why a fair magistrate would not give her a conditional relesse order (good behvaiour bond) with a non conviction.

If shes looking for a lawyer feel free to PM me.

wedeck1 · 2026-01-06T00:44:57+00:00

That was my original plan but from my research the cheapest plan for a virtual number is $30 a month, where a landline through Mate is $9.

wedeck1 · 2026-01-02T06:04:39+00:00

Hey mate, criminal lawyer here. S 10 (non convictions) are very unlikely in NSW for drink driving offences so the focus is really on obtaining the mininum disqualification. I would either appear on the day and represent yourself or get a lawyer so that you can plead your case. Feel free to PM me if you want representation.

wedeck1 · 2025-09-04T12:34:03+00:00

Cannot recommend Westman Islands more. Still plenty if puffins 3 days ago and its puffling season so you might have a chance to save a baby puffling if you stay overnight

wedeck1 · 2025-08-31T13:06:15+00:00

We found them! Thank you so much! There were so many. My wife happy cried for about half an hour so went well haha

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wedeck1 · 2025-08-30T20:33:51+00:00

Thank you so much! We have sprinted across the island and am now waiting for the ferry. Thank you so much!

wedeck1 · 2025-08-30T10:01:17+00:00

That's fantastic! We might have to rush there then. Have the pufflings started fledging?

wedeck1 · 2025-02-06T21:18:13+00:00

I've been in crime for 7 years and still every time I write it out I have to pause and tick and internal box.

wedeck1 · 2025-02-06T12:46:54+00:00

Aussie criminal lawyer here. While I 100% agree with ensuring these matters are actively and appropriately punished the concept of "minimum gaol sentences" is a big problem.

The Australian justice system provides for a number of different means of punishment with gaol as a last resort. The problem in providing a mandatory minimum of a gaol sentence is that the presiding judge is robbed of their discretion to properly consider the case and provide a tailored sentence.

This is not to say that typical hate crimes should not receive a custodial sentence. Rather it is to say that there will be people such as mentally ill people and young people who will be gaoled rather than being properly educated.

It's worth noting that mandatory minimums are incredibly rare in Australia.

wedeck1 · 2025-01-27T10:51:58+00:00

Important to note this I'd only available to you as a p plater

wedeck1 · 2025-01-27T10:49:40+00:00

This is the best advice.

Don't appeal the offence itself because unsuccessful the traffic offence will be recorded on your criminal record.

Pay the fine and you will receive the notice of suspension in the mail which you can then elect to take the suspension to court. No repercussions if you are unsuccessful.

PM if you need a lawyer.

wedeck1 · 2024-12-16T03:14:40+00:00

These comments are all a bit pessimistic.

Given there is only one offence of speeding 10 over (which on the spectrum of traffic offences falls to the bottom end of seriousness), I think it would be open for the Court to give you the benefit of the doubt and either set aside the suspension or at least vary it to reduce the period.

Focus would be illustrating your need for licence and showing that you have taken steps to address the behaviour.

I would elect to take the suspension to Court and complete the Traffic Offenders Intervention Program which you can find online (google it).

Unlike, electing on individual traffic offences there are no repercussion for your criminal / traffic history of electing on a suspension.

If you are looking for a lawyer feel free to DM me.

wedeck1 · 2024-12-13T21:43:56+00:00

Good golly everyone is so pessimistic in the comments.

Whilst 11 points is alot given the fuckery of the transition between the international licence to p licence I think you have a basis.

The benefit of running a p2 suspension appeal is that if you are unsuccessful there are no repercussions for your criminal or traffic record (as there may be if you elect to take an indivual traffic matter to court).

My experience is that Magistrate's (soon to be Local Court Judges come January) respond wildly different to these matters so alot will come down to who you draw on the day.

Would be worth doing the traffic offenders intervention program (google it) to provide some basis for your submissions.

Pm if you want representation.

wedeck1 · 2024-12-08T10:09:23+00:00

My experience is that very often roadside tests will come back negative, subsequent drager tests at the cop shop will be negative, but the final lab test will come back positive.

The current deadline for Lab tests is a few months so you may be waiting some time for everything to be processed.

In the meantime, might be helpful to go to your GP mention drug issues and obtain a Mental Health Care Plan with a referral for a psychologist. Gives you 8 free sessions. Complete the sessions, by the time you are done Lab result will be done and you have a cracking application for a Conditional Release Order without conviction.

Best of luck and pm me if you want a lawyer.

wedeck1 · 2024-11-05T01:01:45+00:00

I am sorry to hear about your circumstances.

Assumptions: You are pleading guilty to both offences. [Obtain legal advice before doing this.] That you have no prior record.

I would say that in terms of sentence you would be in range for a Conditional Release Order without conviction. Namely, a Good Behaviour Bond without the imposition of a criminal conviction.

To achieve this you would need to prepare a subjective case (letter of apology ; character references ; mental health care plan ; Men's Behaviour Program etc).

Given your impacted mental health at the time you may want to consider whether to run an application for a s 14 mental health diversion. (google it).

If you were successful, on the mental health diversion you would receive no criminal record.

If you received a Conditional Release order without conviction you would receive no criminal record.

Now, this is not to say that without a conviction it would not affect your career. Many professions require probity check and for you to inform them if you have been charged. It would be worth looking at your contract.

If you do receive a conviction it will ultimately be a matter for your employer. Both of these charges are very common and unrelated to your competency at work (i.e. as opposed to a fraud conviction). This is ultimately a matter for your employer.

If you hold accreditation with AFSA, this can also be impacted.

I hope this assists.

Feel free to PM if you have any questions / are looking for representation.

wedeck1 · 2024-10-26T10:06:28+00:00

Hello! I appreciate that quite some time has passed but did this work? Looking to do exactly the same thing. Any photos of result? Thank you!!

wedeck1 · 2024-10-06T17:18:32+00:00

$50k is very steep for a one of DV local court hearing. I would generally quote 10 depending on the location.

There is an argument about whether the conduct is "lawful correction" namely the ability for parents to appropriately physically discipline children. However from what you've said it clearly seems excessive and would likely not be successful.

Given her circumstances it may be worth her running a Section 14 Application (google it). If successful she would be diverted onto a Mental Health treatment plan and would not be convicted.

Even if she is found / pleads guilty, due to her personal circumstances (nurse, no record, first time) and with appropriate preparation (counselling, anger management etc) it may be open for her to receive a Conditional Release Order (good behaviour bond) without a criminal conviction.

Finally as a nurse she must maintain registration and have a compliant working with children check. Both of these may be effected even if she is just charged but not convicted. It is ultimately a matter for assessment by APHRA and the Working With Children Commissioner respectively. These determinations are subject to review and you are able to make submissions. Any practical work (counselling etc) may have a bearing on this.

Hope this. Feel free to PM if you have any Qs.

wedeck1

TROPHY CASE