AVO dismissed following legal argument at Burwood Local Court

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Our client was charged with assault occasioning actual bodily harm and an AVO in relation to a domestic with his wife. The wife did not turn up to court and had sent a letter to the police requesting that they drop the charges. The prosecutor argued for an adjournment arguing that they were unable to serve the wife with the subpoena. As the subpoena had been left in the wife’s post box, we relied on a Supreme Court case which said this was sufficient notice. The Magistrate agreed, and dismissed all charges against our client.