Apprehended Violence Orders (AVO)
Updated: Apr 15, 2021
Our AVO Lawyers servicing Sydney appear in all AVO matters in New South Wales and offer both a FREE Consultation and FIXED FEES for any client who has an AVO proceeding before the Court.
Achieving outstanding results in all Local Courts in AVO matters with years of experience.
ARE YOU GOING TO COURT FOR AN AVO ?
We can represent you, explain the entire AVO Court Process and fight for you in your matter.
Our Sydney AVO lawyers have been had success in:
Having AVOs dismissed;
Defending AVOs in court by thorough and comprehensive cross-examination of the opponents and their witnesses;
Having AVOs withdrawn prior to the Court Date;
WHAT IS AN AVO?
An Apprehended Violence Order or an AVO is an order made by the Court to protect complainants of domestic violence when they are fearful of future violence or threats to their own personal safety or the safety of a dependant. They are socially often called Restraining Orders.
There are 2 types of AVOs:
APPREHENDED DOMESTIC VIOLENCE ORDER (ADVO):
the first and most common order is an ADVO where the parties have been in a domestic relationship, being that they lived together, are romantically involved or are partners/dependents of the victim.
APPREHENDED PERSONAL VIOLENCE ORDER (APVO):
is an order made when there is no direct intimate or familial relationship. Common examples include two members of the same organisation, whether it is a gym, workplace, bowling club, etc.
An AVO is not a criminal charge but is in place for future protection of the Applicant. Breaching an AVO will result in criminal breach of AVO charge(s), which is treated very seriously by courts.
IS AN AVO A CRIMINAL CONVICTION | DOES AN AVO GO ON YOUR CRIMINAL RECORD?
An AVO is not a criminal proceeding or a criminal charge but rather proceeds in the Civil Jurisdiction.
However, consequences of an AVO can include difficulties with Family Law Proceedings, Working With Children's Checks and also other Employment and Custody difficulties.
WHAT CONDITIONS ARE INCLUDED IN AN AVO | AVO CONDITIONS NSW|
The AVO Conditions include both the 'mandatory conditions' and 'additional conditions' that are often included to ensure the safety of the PINOP (person in need of protection). AVO Conditions can include a 'non-contact' or 'no consumption of alcohol in company' condition or not enter a specific area or location.
HOW DO I APPLY FOR AN AVO?
There are two main ways you can apply for an AVO. An individual can make an application themselves to the Court with the assistance of a Lawyer or by reporting the matter to police to make an application on their behalf.
HOW CAN I GET AN AVO DROPPED OR DISMISSED?
With the assistance of our AVO Lawyers, an AVO can be withdrawn and dismissed prior to our clients attending Court which saves you legal fees, the burden of going to Court and in some instances the opponents will be required to pay for any legal fees you may have incurred.
Our highly competent AVO lawyers can effective negotiate on your behalf to have the AVO dropped and have had numerous AVOs dropped successfully.
WHAT HAPPENS IF I BREACH AN AVO?
The Breach of an AVO condition results in serious criminal charges which include a maximum penalty of 2 years imprisonment. Defences to a breach of AVO include honest and reasonable mistake of fact and that you may have been acting in self-defence.
Our experienced AVO Lawyers can appear for you if you Breach an AVO and can defend the breach or obtain a non-conviction.
HOW LONG DOES AN AVO LAST NSW?
An AVO is generally in force for a period of between 3 months and up to 3 years.
Our experienced AVO Lawyers can also make an application to Vary an AVO during the length of an existing AVO.
PROPERTY RECOVERY ORDERS ?
Our AVO Lawyers can make a Property Recovery Order on your behalf to obtain your belongings. This must be an order made from the Court and the times and dates of your attendance will be agreed upon with the Police.
CAN I APPEAL AN AVO ?
Yes, you can appeal an AVO by making an application to the District Court to appeal the decision of the Local Court.
This is not an easy process and our AVO Lawyers can assist in lodging the appeal within time, drafting the grounds of your appeal and appearing for you in any future appeal.