This article follows the case of MrDeadMoth who captured a domestic violence incident between him and his partner while streaming his Fortnite gameplay. A synopsis of this incident can be read here. The accused appeared in Camden Local Court in NSW today for two mentions: one for assault and one for an apprehended violence application against him.
MrDeathMoth appeared in court today but did not speak. He was accompanied by a Mens Right Advocate and his Defense Lawyer. The alleged victim and did not appear but was represented by the Prosecution. MrDeadMoth’s Defense Lawyer asked Magistrate Cheetham for both matters to be adjourned to January 10th 2019. He stated that the adjournment would give his client time to seek adequate legal council and for the current media interest in this matter to fade. He also requested that MrDeadMoth be excused from attending his future mentions in person due to the media attention. Magistrate Cheetham agreed to adjourn both the assault charge and the apprehended violence application to January 10th 2019. In the meantime, the existing temporary apprehended violence order between the accused and the alleged victim will remain in place.
It is understood that the accused and the alleged victim live at the same address but that the alleged victim intends to move. MrDeadMoth’s Defense Lawyer requested that the conditions of the temporary apprehended violence order be modified so as to allow the alleged victim to be able to remove her belongings. Magistrate Cheetham said that this would require a Property Recovery Order. This is a separate matter from the two matters before the court today and that the accused should speak to the Domestic Violence Liaison Officer regarding this matter.
The Defense Lawyer also stated that the alleged victim does not want proceed with the apprehended violence application. The Prosecution responded that they do intend to proceed regardless of the alleged victim’s wishes. This is a criminal apprehended violence application so it is for the police to decide where or not is should be sought.
In NSW, there are two types of Apprehended Violence Orders (AVOs): criminal and civil. In a criminal matter, the police decide that a person is in danger of serious harm or death and so they seek and AVO on behalf of that person. In this case, the police prepare the evidence and appear in court to argue their case. In a civil matter, the police are not involved as they do not believe that there is serious threat of injury or death. In these instances, the plaintiff has the responsibility of informing themselves about the law, gathering their evidence and pleading their case before the court. Because this is a criminal AVO application, the alleged victim does not have the authority to discontinue the Apprehended Violence Application in this instance.
The alleged victim did not appear in court and so could not elaborate on why she wanted to discontinue the apprehended violence application. The matter is adjourned until January 10th 2019 and Gamers Classified intends to resume coverage of this matter then.