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ARTICLE · 02 SEPTEMBER 2014

Broken-hearted lover or something more sinister - Elvis or an AVO?

There needs to be a careful consideration and an appreciation that your actions could have serious consequences at law.

AustraliaCriminal Law

Elvis Presley sang a great song titled "Return to Sender" and essentially it is a song about a man who is a jilted lover who tries to write to his girlfriend.

They had a lover's spat and his letters kept coming back. The jilted lover escalated the situation by sending his letter "special D" and still it came back. He determined he was going to take it himself and put it right in her hand, it was only if the letter came back again the next day that he would "understand."

Is this the conduct of a jilted lover, or is the conduct escalating such that it could constitute a basis for the girlfriend applying for an apprehended violence order?

To secure such an order in NSW you need to establish that the actions of the defendant are causing you to fear for your safety, and that that fear is reasonable. You can apply for an AVO when you are in fear of being assaulted, are being intimidated, harassed or molested (in person or by telephone calls, text messages, emails

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