We have experience of appearing in many hundreds of Apprehended Violence Order applications for applicants, respondents and in relation to criminal charges for breach of Apprehended Violence Orders.
We provide fixed price legal fees and will beat any other quotation you receive from a law firm for your representation. Our experience includes advice on the preparation for and appearances on the contest at final hearing of an Apprehended Violence Order.
We have a particular expertise in challenging Police Apprehended Violence Orders and we apply the provisions of the NSW Police Code of Practice
Accepting an in our experience can create more tensions in the relationship and it is important for those that receive an application to get proper advice on the consequences; which include being deemed a prohibited person for x5 years from the date of a final order; it can also affect family law proceedings; and any on-going relationship generally.
NSW Polices current no tolerance approach to AVOs in our view is often blind to the realities of life and relationships and when viewed objectively, the solution of heres a piece of paper you should be protected now often fails.
Our assistance can further when required include making contact with Police Members who otherwise have failed to act to either take out an order or to charge a person for breach of an order.
When can an AVO be made?
An Apprehended Violence Order (AVO) can be made in a Local Court if the Magistrate is satisfied that the Applicant has reasonable grounds to fear, and in fact fears, any of the following:
- an act of personal violence against them by another person (the Defendant);
- harassment or molestation of them by the Defendant;
- stalking of them by the Defendant;
- intimidation of them by the Defendant (where the Defendant has a domestic relationship with the Applicant).
The victim does not have to be physically assaulted or to suffer physical abuse to have an Order granted by the Court; intimidation or harassment by the Defendant is sufficient. Actual or threatened damage by the Defendant to the property of the Applicant are also grounds for an AVO application.
What types of AVO can be made?
The Magistrate may make Orders that:
- restrict the Defendant approaching the Applicant;
- restrict the Defendant going to the residence, workplace, place of education or other place frequented by the Applicant;
- restrict specified behaviour of the Defendant which might affect the Applicant;
- restrict the possession of firearms by the Defendant;
- extend the Order to protect other persons with whom the Applicant has a domestic relationship, including children.
AVOs can be made for a maximum of two years. A Respondent may appeal to the District Court against the making of an AVO. The Applicant and the Respondent (or Police if they sought the AVO) can apply to the Local Court for variation or revocation of an AVO.
It is common practice by most people in the court system to advise a recipient of an Application for an Order to simply agree or consent to an Order being imposed. This practice will not always be the best approach as the consequences of having an Order imposed, as will be explained further within this website, can lead to criminal charges for any breach of the Order and/or secondary effects on a persons ability to maintain contact with their children and family, or hold certain licences to carry a firearm/weapon, work in security and government roles, and/or apply for new employment roles the subject of criminal record checks.
In addition, if an Application for an Order is made in the context of Family Law proceedings or other Civil proceedings its mere existence will generally adversely affect the person upon which it is imposeds interests.
- Domestic violence may allow the victim to seek compensation from the Victims Compensation Tribunal. If an award of compensation is made, the Tribunal may seek contribution from the violent spouse.
- A spouse (or other member of the family who is a victim of domestic violence or abuse) may sue the violent spouse for damages arising from an incident of domestic violence.
- Family violence is a factor taken into account by the Family Court when determining Parenting Orders and arrangements for the care of children following separation. This includes violence towards children and violence between parents in the presence of children. It also includes violence which has not taken place in the presence of children and of which they might not be aware.
This order does not prevent the respondent from seeking to make or change arrangements for the child/ren named in this order to live with, spend time with or communicate with him/her. Such arrangements (including arrangements for the handover of the child/ren) must be in accordance with the parenting plan. These arrangements can be negotiated through lawyers.