What do you need help with from our AVO Lawyers?
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An Apprehended Violence Order (AVO) is an application or Court Order served on someone accused of behaviour that affects another person’s safety. If you are the victim you will need to provide a statement detailing the safety issues you have experienced. An AVO can be issued if you have experienced physical and or psychological abuse, stalking, intimidation, harassment, property damage or threats, and you are scared and anticipate that it will continue.
There are different types of AVO’s:
This is where there is a domestic relationship between you and the other person and you are requesting protection from them.
This is where you do not have a domestic relationship with the other person, and you are requesting protection from them. This could be a neighbour or a work colleague.
The first step to get an Apprehended Violence Order (AVO) in place is to make a statement detailing the experiences you have had with the offender. You should report the offender’s conduct to the Police who may make the application on your behalf or, if the Police refuse to take out an AVO for your protection, you can make a private application.
This process can be stressful and we can help you through this process from the comfort of our offices or a location that suits you. We can provide you advice about the type of evidence that should be compiled to support your application and make you aware of your options.
If you have reported any instances to the Police, or they have attended an incident, we will seek copies of these reports to assist your application.
In the event that you are no longer in your home, we can assist you with seeking to recover your property, and make arrangements so that you will not need to go alone to claim your belongings.
If the current AVO is due to expire and you are seeking to extend the existing AVO, reach out to our team to get advice about seeking an extension.
Depending on the circumstances, Police may take out an urgent AVO for your protection. That is, the Police will take out a Provisional AVO which will be in place at least until the Court date. The sooner you get the process started, the sooner steps can be put in place to protect you.
In New South Wales, an Apprehended Violence Order will last as long as the Court determines it should be in place for. An AVO is usually made for 2 years however, the Court may Order that it be for a lesser period of time or a longer period of time depending on the circumstances.
Even if there has been a Provisional AVO or an Interim AVO in place until the Court finalises the matter, the AVO will be in place for the specified date from the day the Order was made final.
You do not need a lawyer to lodge an application for an AVO however it can be very helpful to have the support and guidance of a criminal lawyer as we have insights into the process from both sides. We can provide you with confidence and support with this serious matter. We have helped countless people put together their statements and had successful outcomes.
It can be quite a stressful time for you, especially if you need to take out a private AVO, and that’s why our lawyers make the process as seamless as possible.
Our team can also advise you to the many support services that suit your specific circumstances and location. Let us help you get the AVO in place as soon as possible to ensure you are protected from further harm.
Our team is experienced with situations like you are facing. We are sensitive to the needs and concerns that you have. You have some options available for how you can reach out to us. You may elect to have a meeting with one of our lawyers online via conference call, via phone or you can meet in person at one of our three office locations, Penrith, Norwest, Sydney CBD. If you prefer, we can offer a home visit upon request. Reach out to our team here.
Reach out for confidential advice from our experienced team.
If you have been served with an AVO you will be required to attend Court on a specific date. You can either agree to the Order without admitting to the allegations, or you can choose to challenge the AVO.
If you do not have a lawyer, your case may be adjourned to another date. The Court recommends you receive legal advice in matters like these. An AVO can have lifelong effects on employment and Working With Children’s Checks and that is why we highly recommend you get advice from an experienced criminal lawyer.
If you have been served with an AVO and you believe it should be withdrawn, dropped or that some variations should be made to it, you can take steps to seek for that to occur. If this is not agreed to by Police, the Court will set a timetable for all of the evidence to be filed by a specific date. Once all of the evidence is lodged with the Court, your matter will be given a date for hearing. Although an AVO is not a criminal matter, the hearing will run just like any other Contested Hearing.
If you wish to defend an AVO you should seek legal advice to be aware of your options. Our team can discuss your situation to provide advice on the best course of action, unique to the evidence provided about you. Visit our Criminal Defence Lawyer page here.
There are a range of conditions that may be imposed on you. As soon as you have been served with the AVO, the conditions become enforceable and you must comply with them until the AVO is either dismissed by the Court or expires. If you do not comply with these conditions, even if you do not agree with the allegations, you may be charged with a criminal offence.
In the event you do not agree to the conditions of the AVO and would like changes made to an AVO, you can apply to the Court to have these changes made to the Order. You can apply to the Court to vary your conditions prior to the matter being finalised or after a Final AVO is made.
There are a range of conditions that the Police or Court can impose as part of the AVO. Changes that may be able to be made include:
Importantly, if you breach an AVO, this changes from being a civil matter, to a criminal matter. You may be charged with Contravening an AVO which may result in you receiving a criminal conviction. Depending on the seriousness of the breach, you may be able to receive a Section 10.
To learn more about Section 10’s visit this page here.
To learn more about Sentencing visit this page here.
You can apply to have an AVO removed or cancelled, with the support of a criminal lawyer. You will need to seek advice about your Order and particular situation. An AVO will only be dropped if you can provide evidence that the circumstances have changed.
The other alternative is to apply to have some adjustments made to the AVO that is in place.
If you wish to have an AVO varied or removed entirely, the best outcome can only be achieved with the advice and support of an experienced criminal lawyer. We will examine your circumstances and make you aware of the options that are available to you.
Our experienced team provide confidential advice.