My partner was refused bail and currently is in jail until his next court date. He breached AVO and bail condition.

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Customer: My partner was refused bail and currently is in jail until his next court date. He breached AVO and bail condition. There is also an AVO against me to protect him. My hearing court date is next week, which he would still remain in jail. My question is, on my hearing date, is it compulsory for the victim to attend? Given that he is still in prison, is he required to attend the hearing or is it optional? I am in NSW.
JA: What are the exact charges? Is this a federal or state case?
Customer: -breached of AVO; breached of bail condition; common assault from the previous AVO and common assault from the latest AVO. From my part, I was charged for common assault. I was grabbing his hand when he tried to leave the premise during a heated conversation. I only wanted to talk things out. I was not aware that stopping someone from leaving could be so serious. I pleaded not guilty in the mention court date. So next week I’m attending the hearing with my lawyer. It is state
JA: Have you talked to a New South Wales lawyer about the bail?
Customer: No, because she only handled the AVO case against me. I don’t have anyone to represent me in the two AVO where I am the victim.
JA: The Criminal Lawyer will be able to walk you through that. Anything else you want the Lawyer to know before I connect you?
Customer: I also wanted to lift his charges as now reflecting back, I was being unreasonable and extremely rude. I believe both parties was at fault for the incident to happen
Answered by John Melis in 2 hours 2 years ago
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John Melis
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

I kindly request that you please clarify your question?

Customer
There is a hearing next week, which I am the defendant and he’s the victim.
Customer
However he is in custody atm
Customer
Is it compulsory for him to be at my hearing even if he’s in jail?
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John Melis, Expert

if he is the victim normal they are not at the court

If you prefer to talk on the telephone, I have sent you a special offer of $8.00 to assist you in more detail, as it will make it easier to discuss your matter. I kindly request that you complete the details on the offer, and we can talk straight away as you need. Otherwise, we can keep chatting in this box.

Customer
I pleaded not guilty, hence the hearing court date upcoming, He still doesn’t have to come? Who is going to represent him? Is that the police?
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John Melis, Expert

Where he is the victim, normally the Department of public prosecution (police) attended court on his behalf

Does this help with your question today?

Customer
I contacted the police to clarify and they said that he is required to attend or there would be some form of communication for him to be informed. I’m so confused
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John Melis, Expert

Where there is a severe risk to the individual they do not need to attend and the police will act on their behalf. Otherwise if he's the individual that actually raise the actual claim itself he would need to attend. It depends on the circumstance. If it's easier we can have a talk on the telephone. I've extended an eight dollar telephone offer to you if you need.

Customer
Thank you
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John Melis, Expert

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

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