Applying 820 Onshore - Sponsor with a criminal record - Page 2

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Applying 820 Onshore - Sponsor with a criminal record - Page 2

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Old 04-24-2016, 03:32 AM
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Maybe try get the charges dropped before application?

It’s no secret that some people use Apprehended Violence Orders (AVOs) for purposes other than protecting themselves from violence. Nor is it a secret that many complaints of assault are exaggerated or completely unbased.

Allegations of domestic violence are sometimes made in anger, or out of spite, and are even used to gain a strategic advantage in family law proceedings, even when there is no basis for the claims.

False complaints can be made in the heat of the moment when a couple is fighting, and the complainant may later regret their decision to make a complaint.

What can I do if I have been falsely accused?

Although the general policy of police is not to withdraw domestic violence-related proceedings, this certainly does not mean that it cannot be done.

Assault charges and police AVOs can be withdrawn if you (or your lawyer) are able to convince police that there are good reasons to do so.

Good reasons may include that the prosecution case is inherently problematic (eg inconsistent or deficient), that there is a valid legal defence or that material has come to light casting doubt on the allegations (eg witness statements, CCTV footage etc).

If that is so, you (or your lawyer) can write to police formally requesting the discontinuation of proceedings.

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