Facing an Apprehended Violence Order (AVO) in Sydney?

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.
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Get in Touch for Immediate Assistance

If you or someone you know has been served with an AVO, act quickly to ensure the best possible outcome. Contact Faraj Defence Lawyers for a consultation today.
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Call: (02) 8896 6034 | Email: af@farajdefencelawyers.com.au

Why Choose Faraj Defence Lawyers for Your AVO Case

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.
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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.
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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 issued, it includes a set of legally binding conditions to prevent the defendant from contacting or threatening the protected person. The following conditions are typical in AVOs:

Condition 1

This mandatory condition states that the defendant must not assault, threaten, stalk, harass, or intimidate the protected person, nor damage their property or harm any animals they own.
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Additional Conditions

Depending on the situation, additional orders may restrict the defendant from:

• Approaching the protected person or their premises
  

• Contacting the protected person within 12 hours of consuming alcohol or drugs

• Possessing firearms or other specified item

A breach of any AVO condition is a criminal offence with serious penalties, and it’s crucial to understand and comply fully with these conditions.
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Stages of an AVO

An AVO case typically goes through several stages:

• Application: An AVO application can be submitted by the police or the individual seeking protection.
  

• Interim Orders: In urgent cases, temporary orders may be issued to provide immediate protection.

• Contested Hearing: If the defendant challenges the AVO, a court hearing is scheduled where both sides present evidence.

Based on the hearing, the court will decide on final conditions, including the duration of the AVO. Our team can represent you throughout each stage to ensure your rights are defended.

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 can apply for an AVO to seek legal protection. Additionally, the police can also apply for an AVO on behalf of someone at risk.

How Can You Respond to an AVO?

If you are served with an AVO, you have two main options:

• Consent to the Order: You can consent to the AVO without any admission of wrongdoing, allowing the order to be made final.

• Contest the Order: If you wish to oppose the order, the matter will be scheduled for a contested hearing, where both parties can present evidence.

Faraj Defence Lawyers can help you understand the implications of each option and guide you through the response that best suits your situation.

How Do I Defend an AVO?

Defending against an AVO requires understanding the grounds on which it was issued and preparing evidence to challenge its necessity. Common defences include:

• Proving insufficient evidence to support the AVO claims
  

• Demonstrating that the actions were not intended to harm or intimidate

• Presenting evidence and cross-examining witnesses to weaken the case

Faraj Defence Lawyers has extensive experience in defending AVOs and can help build a strong case to protect your rights.

What Happens If I Contravene or Breach an AVO?

If you breach the conditions of an Apprehended Violence Order (AVO), you can be arrested and charged with a criminal offence. Breaching an AVO is taken seriously under Australian law, and can result in significant penalties, including imprisonment and/or fines.

According to section 14 of the Crimes (Domestic and Personal Violence) Act 2007, it is an offence to contravene any prohibition or restriction specified in an AVO. The maximum penalty for breaching an AVO is 2 years imprisonment and/or a fine of $5,500. Importantly, if the breach involves an act of violence, a prison sentence is typically mandatory unless the court determines there are exceptional circumstances to rule otherwise, in which case the court must provide clear reasons for the decision.

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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