In 2022 our client’s neighbor filed an application for an Apprehended Personal Violence Order (APVO) in the Local Court of NSW.

The application alleged multiple instances of harassment and intimidation, including sticks being thrown over their fence, animal faeces being thrown at their house, confrontations in the street and abusive language towards their children.

Our client denied the allegations and the matter was set down for a final hearing on 15 and 18 March 2024.

On 15 an 18 March 2024, our criminal lawyer represented our clients at the Downing Centre Local Court. Our criminal lawyer cross examined the applicant and each of the applicant’s witness’, including his family members and neighbours. Our criminal lawyer cross examined the applicant about the history between our clients and his family, including a historical and ongoing civil dispute relating to their shared fence. During cross examination, a number of important inconsistencies were also revealed between each witness.

After hearing all of the evidence, our criminal lawyer asked the magistrate to dismiss the application. Our lawyer took the Court through each individual allegation, submitting that the evidence was inconsistent, unreliable and unbelievable. Our criminal lawyer asked the Court to conclude that the application was improperly motivated by the ongoing civil dispute and general hostility between the neighbours.

After hearing our criminal lawyers submissions, the Magistrate found that the APVO was not required, and dismissed the application.