Have you had an AVO put against you?

Have you recently found yourself facing the unsettling prospect of an Apprehended Violence Order (AVO)? The experience can be incredibly overwhelming, and at Faraj Defence Lawyers, we understand the emotional toll it can take, which is why you don't have to face it alone. In situations like these, it's crucial to take immediate and informed action. AVOs are intricate legal matters, and responding without expert knowledge can lead to unintended consequences.

Our team of experienced AVO lawyers are here to guide you through the process, ensuring that your rights are protected and you have the support needed during this time. If you or someone you know has had AVO put against them, contact one of our experienced senior lawyers today by calling (02) 8896 6034 or emailing us at af@farajdefencelawyers.com.au.

Why choose Faraj Defence Lawyers to help with your AVO

Choosing Faraj Defence Lawyers means choosing a legal team committed to navigating the complexities of your AVO case with confidence and expertise. So how can we help?

• Efficiently withdrawing AVOs in the early stages, relieving our clients of both legal costs and stress.

• Persuasively advocating in court to secure orders that compel the opposing side to cover our clients' legal fees.

• Successfully dismissing AVOs through adept defence strategies, involving strategic cross-examination of the opposing party and their witnesses in court.

What is an Apprehended Violence Order (AVO)?

An Apprehended Violence Order, commonly known as an AVO is a civil court proceeding rather than a criminal one. The primary objective is to impose prohibitions or limitations on an individual, preventing them from engaging in intimidating, harassing, stalking, assaulting, or communicating with the person identified as the 'person in need of protection' in the AVO.

An AVO mandates a court appearance once served and violating an AVO constitutes a serious offence, leading to criminal breach of AVO charges, a matter treated with gravity by the courts.

Apprehended Domestic Violence Order (ADVO)

An Apprehended Domestic Violence Order is a court order that aims to protect a person from domestic violence. It is issued by the court at the request of a person who fears violence or intimidation from their partner or family member. If you are charged with a criminal offence of a domestic violence nature, the NSW Police will immediately put an associated ADVO in place, which will follow the criminal proceedings.

Apprehended Personal Violence Order (APVO)

An Apprehended Personal Violence Order (APVO) is a legal directive designed to provide protection in situations where there is no existing family or domestic relationship between the involved parties. While less common compared to the Apprehended Domestic Violence Order (ADVO), it is essential to address APVOs for individuals who may find themselves charged with such orders.
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The application process for an APVO involves taking necessary steps to seek legal protection against potential threats, harassment, or violence from a person outside of a domestic context. Despite its infrequency, understanding the key aspects of APVOs is crucial for those navigating the legal landscape surrounding non-domestic relationships.

How does an AVO work?

When an AVO is served there will always be something called a “Condition 1” which is a mandatory condition that will appear on all AVOs. Every ‘condition 1’ will state that: ‘the defendant must not do any of the following to the protected person/s or anyone that they have a domestic relationship with:

• Assault or threaten them

• stalk, harass or intimidate them

• Intentionally or recklessly destroy or damage any property or harm an animal that belongs to or is in the possession of them.

Additional orders may also be sought, depending on the circumstances of the matter, which include those which prohibit or restrict:

• Approaches by the defendant to the protected person,

• Access by the defendant to any premises occupied by the protected person,

• The defendant from approaching the protected person or their premises within 12 hours of consuming alcohol or drugs

• The defendant from locating or attempting to locate the protected person

• The possession of all or any specified firearms or prohibited weapons

• Specified behaviour by the defendant that might affect the protected person.

Who can put an AVO against you?

An Apprehended Violence Order (AVO) can be initiated by either the protected person or law enforcement authorities. If an individual feels threatened or endangered by someone's behaviour, they have the option to apply for an AVO to seek legal protection. Additionally, the police can also take the initiative to apply for an AVO on behalf of the person at risk.

How can you respond to an AVO?

There are essentially two options for a defendant served with a stand-alone ADVO:

• The defendant can consent to the order (which can be done without any admissions of wrongdoing), and the order will be made final, or

• The defendant can contest the order. Where the defendant opposes the order, the matter will be set down for a contested hearing, subsequent to the parties serving and filing their evidence in relation to the matter.

What happens if I contravene or breach an AVO?

If you breach the conditions of an ADVO, you can be arrested and charged with a criminal offence, noting breaching an ADVO can result in imprisonment and/or fines. As per section 14 of the Crimes (Domestic and Personal Violence) Act 2007, it is an offence to contravene a prohibition or restriction specified in an apprehended violence order.

A maximum penalty of 2 years imprisonment and/or a $5,500 fine, is applicable.Where the contravention was an act of violence against a person, the offender must besentenced to a term of imprisonment, unless the court orders otherwise. Where the court decides not to do so, it must give reasons.

If you have contravened or breached an AVO, call Faraj Defence Lawyers at (02) 8896 6034 immediately to ensure your rights are protected.

Book a free consultation with our expert AVO Lawyers today

Ready to take the first step in addressing your AVO concerns? Book a free consultation with our expert AVO Lawyers today. Our dedicated team at Faraj Defence Lawyers is here to provide the guidance and support you need during this challenging time. 

Don't leave your future to chance—let us be your trusted ally in securing the best possible outcome for your AVO related case. If you or someone you know has had an AVO put against them, call us now at (02) 8896 6034 for free advice or book a free initial consultation virtually or at our Parramatta Office.

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