I need some advice as to what I should do next. My partner is currently incarcerated and I am not allowed to visit him

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Customer: I need some advice as to what I should do next. My partner is currently incarcerated and I am not allowed to visit him or for him to contact me at all. I will give u the quickest possible rundown so u know al the relevant details. In December we split up after nearly 4 years and I moved myself and my 8 yo son and mine and his 2 yo daughter back to my parents house. He didn’t cope well with that and unfortunately on one occasion around Xmas I had to call the police coz he was scarring me. That resulted in the cops issuing a dvavo. Then unfortunately a week later he breached that dvavo and my mother called the cops. He was later arrested and charged with breach and also larceny as he stole my phone and also assault coz the cops say he assaulted me but he did not. I was in shock when I spoke to the cops at the time
And I don’t remember what I said. When he faced a judge about the breach they released him on bail but imposed conditions on him that were he cannot contact me or come within 100 m of me or anyone I live with. And then the matter was adjourned til 7 may. And although these orders were in place we were still seeing each other and then we got back together again. Then at end of jan he was in a major car accident which nearly killed him and sadly he was at fault and someone else was severely hurt too. He had meth in his system as well as over a ball on him which was found by the first responders at the scene. He is now facing all kinds of charges from that from driving Charges to drugs charges. He was in hosp for a month then under strict medical care that kept the cops from arresting him for anything. Then unfortunately 3 weeks ago he was arrested again aftet cops stopped him at a pub and strip searched him and found 3.5 balls of meth in his pants. He was arrested and later charged with ongoing supply. They released him on bail again that night but then when he went to the police station the following week He was taken into custody and formally refused bail. Now he is being held in custody for god knows how long facing all the charges from the car accident to the ongoing supply of meth charges. And then there is the stupid avo and the breach of that which in his bail conditions from that it states he cannot contact me or go near me and those bail conditions are now preventing me from visiting him in jail or getting any phone or FaceTime contact from him. Our 2 yo daughter and I are both distraught and missing him terribly and I have tried to to get the avo revoked but the court registry clerk said no coz he breached it and advised me to see k legal advice and maybe hire my own private lawyer. If I did decide to hire my own lawyer would they be able to get the conditions changed at least so we could visit and be in touch with him ??? His family and I don’t talk anymore but I know they have hired a private barrister for him to represent him in all his charges but they won’t help me gain access to him so I have to find a way on my own. Please advise what u think I should do and if you believe that the court might change those conditions so I can at least be in touch with him while he is jail coz I’m seriously worried about how long he will ac to ally be in jail for and as I said I’m on my own and not coping at all. Also our two year old needs to be able to know her father so there needs to be regular contact. Please help me
Answered by Leon in 1 hour 1 year ago
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Leon
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Customer
Please please help me
Customer
also I need to know how If I can send him a letter whilst he is in jail or if those damn bail conditions prevent me from doing that also. His family will not speak to me or update me on proceedings and they won’t tell me who his barrister is.
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Leon, Expert

Good Morning

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.  I wish to thank you for taking the time to speak with me today. Your question is important to you and it also is too me. I understand how you feel.

You have to go back and see about amending the DVO.

If he has not been convicted and still waiting on the trial then you can do that at the trial

But only the court can make the changes you need.

I appreciate and thank you for your patience in this matter. I hope this has answered your question and put your mind at ease. If you have any other questions do not hesitate co contact me. Otherwise, it was my pleasure to help you today, and I thank you for chatting with me.

Thank you for using Justanswer and chatting with me today. I look forward to assist in the future as required.

Regards
Leon

Customer
The court registry office said that because there is a breach already that I can’t do anything !! And that’s not till may anyway and I need to be able to see and speak to him ASAP before I lose the plot. And my young daughter needs to speak to him and see him too
Customer
But how do u advise I go about getting the court to make these changes at trial ?? And now that he has been charged with other offences that he originally got bail
For the same conditions from the Avo breach are there on those charges and bail too
Customer
Please Leon, help me be able to see my partner !!! I am not coping and I need contact with him. I feel like no one is actually able to or going to help me. I’m happy to pay if that’s what it takes
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Leon, Expert

You have to make an application with the court that made the orders.

Have the AVO relisted

Customer
How do I do that ??
Customer
But the conditions keeping us apart are his BAIL conditions not the avo
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Leon, Expert

The Bail has to be varied. You have to be part of it and so does he.

The Bail and the AVO are the same.

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Leon, Expert

If he is inside then he is no on bail

You have to get orders to allow contact.

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Leon, Expert

Only the court can do that and you have to get a solicitor to assist you

Customer
Okay so how do I do what u say ?? How do I even find a solicitor who will actually help me. I have tried calling lawaccess and legal aid but they said they won’t speak to the PINOP in avo cases !
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Leon, Expert

You contact the police that took out the AVO and have them relisted if they wont you have have to get a private solicitor

Customer
How do I even find a solicitor that will help me tho - everyone I speak to always tell me I have to speak to someone else and it’s driving me crazy. I can’t find anyone that will actually help me
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Leon, Expert

You have the police that represented you

This is where you have to go.

Go back to the police that took it out on your behlaf.

Customer
I wish I never even called the police !! They were not very nice to me and I never wanted an avo in the first place - if they won’t help me then is that when I spend the only money I have in the world on a solicitor ?)
Customer
Can u recommend any decent solicitors that specialise in this kind of thing by any chance ?? I am in Sydney near Parramatta
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Leon, Expert

Any criminal solicitor can assist

Bit try the police first

Customer
Okay can u maybe advise me of what I should exactly say to the police then please if possible coz they don’t like my partner much at all and I don’t think they are going to want to help me at all !!
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Leon, Expert

I cant do that I do not have the documents and it is too hard for me to tell you what to say. You look at what the DVO says and you seek to have them amended so you can have contact. Do not ask for it to be removed that will not happen. You can only try and vary it.

Customer
Ok then.
How do I get a message to Daniel saying this is what will be happening ?? Can I write to him ?? Coz his family will not pass anything onto him for me
Customer
I don’t want him to think that I’m
Doing nothing as he mite lose any hope maybe - I need him to know that I am fighting for us
Customer
roughly how much do u think a solicitor might charge me to help me in this matter ?? I just need to know roughly how much I am going to have to find ??
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Leon, Expert

I cant answer that they have to tell you the costs.

If you cannot contact him you should not he will be in trouble.

He will be notified once the court lists it.

Do not breach the orders

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Leon, Expert

I have to go will be back later in the afternoon

Customer
Okay thank u for ur patience and ur help. Any chance u want to be my solicitor and help me get what u have advised me happening ???
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Leon, Expert

I cannot take on work from Justanswer I am not allowed

I am sorry to not be able to do more than I have.

Regards

Leon

Customer
Okay thanks anyway
Customer
Canny recommend anyone that might be able to help me by any chance please ??
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Leon, Expert

I am sorry I cant.

You have to contact the police as I mentloned as they took it out on your behalf

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