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Understanding An Apprehended Violence Order In NSW
An apprehended violence order (AVO) is a court order made against you which aims to protect a ‘person in need of protection’ (‘PINOP’) from violence, harassment, intimidation or stalking.
Although most AVOs serve a legitimate purpose, they are being increasingly used for improper reasons—for example, when one partner wants to get revenge on the other, or to strengthen family or civil law proceedings. In some cases, they have even been used to advance visa applications.
AVOs may be made by police when they are concerned about the welfare or safety of a PINOP, even if the PINOP does not want an AVO to be issued. These are known as ‘police AVOs.’ They are often issued following an assault or sexual assault against the PINOP.
Alternatively, AVOs may be made by the PINOP themselves—these are known as ‘private AVOs’.
Apprehended Domestic Violence Orders and Apprehended Personal Violence Orders
There are two types of AVOs in New South Wales:
1. Apprehended Domestic Violence Order (ADVO)
These orders are made when the parties are related, living together, are living in the same residential facility, are in a carer relationship, or in an intimate relationship with each other. This includes individuals who were previously in such a relationship.
If you have been charged with domestic violence offence, the magistrate will issue a temporary ADVO against you. If your charge is proven by the Court, meaning, if you’re found guilty in the Court, the magistrate will finalise ADVO against you. This final ADVO move will include below listed three mandatory conditions:
• The offender must not assault or threaten the person for whom an ADVO (protection) is granted.
• The offender must not stalk, harass or intimidate the protected person.
• The offender must not destroy or cause any damage to the property of the protected person.
Family violence orders are usually made under state or territory laws, and are called different things in different states and territories:
• Apprehended Domestic Violence Order (NSW)
• Intervention Orders (VIC & SA)
• Domestic Violence Orders (QLD)
• Violence Restraining Orders (WA)
• Family Violence Order (TAS)
• Domestic Violence Order (ACT & NT)
Under the Family Law Act 1975, all state and territory orders are described as family violence orders.
Apprehended Personal Violence Order (APVO)
These orders are made if there is abuse being committed between people who are not related and do not have a domestic relationship. This includes neighbours, work colleagues, a friend, or acquaintance.
Is An AVO A Criminal Charge?
An AVO in and of itself is not a criminal charge or offence. It will not appear on your criminal record. However, it can still have a significant impact on your personal and professional life.
An outstanding AVO will show up on a ‘background check’ conducted by many employees. In particular, it may impact your ability to work with children, as well as your ability to carry firearms.
Furthermore, an AVO can negatively impact your family and personal life, as it may prevent you from living with the person who applied for the AVO. This, in turn, can affect your ability to maintain a relationship with your children and extended family.
That said, contravening an AVO is a criminal offence, by virtue of s 13 of the Crimes (Domestic and Personal Violence) Act 2007.
Because of these serious consequences, it’s strongly advised that you seek assistance. A highly experienced criminal lawyer in Sydney like JCL Legal can advise you on the best course of action when it comes to defending your AVO.
Options For AVO application
It is possible to take out an AVO against another person. If an AVO application has been made against you, and you are the Defendant, you have a number of options: either defend the AVO or consent without admissions.
Apply For An Apprehended Violence Order In NSW
To apply for an AVO, you can contact NSW police to make an application on your behalf. If they fear for your safety the police will make a provisional order (which is temporary) until the matter can be dealt with in court. Provisional orders are made in circumstances where domestic violence has been reported and the person is in need of urgent protection. Provisional orders do not need to be made by a court.
In some circumstances, the police are obliged to make an application for a provisional ADVO. These are situations when a police officer suspects that a domestic violence or stalking offence has been committed.
A person can apply for an ADVO or APVO on their own by attending their local court. A lawyer can assist you with your application and it is recommended that you get legal advice before applying for an AVO.
After submitting an application, the matter will be listed for a hearing at a local court.
If you are a defendant who has been summoned, it is important that you attend court at the requested date and time. Failure to do so may result in the matter being dealt with in your absence. A solicitor can prepare you for the hearing and represent you at court.
Defending The Apprehended Violent Orders In NSW
Some of the defence strategies that usually apply to the matters relating to the breach of ADVO are:
Self-Defence
Self-Defence is a defence strategy whereby the person accused needs to prove before the Court that they caused the breach to defend themselves, or fearing the safety of their property or another person.
Duress
Duress is a defence strategy legally defined as unlawful coercion, which means that a third party was forcefully made to partake in an activity (a breach in this case) that they would normally not participate in, by use of harmful threats and force.
Necessity
A difficult to prove defence strategy, Necessity is applicable only if the person accused of the offence successfully proves that they acted out of fearing an imminent danger to their life, or severe bodily harm. What’s also important to note here is that the act of the offence committed must be in proportion to the threat of the danger faced by the person accused.
Inadvertently (Accidentally) breached
This is only applied if you were not aware of the terms of the ADVO, or have accidentally breached the ADVO issued against you. For example, if you walked into a property or a public place without knowing that the protected person is also present in the place, then it would be a suitable defence strategy.
Hire The Best Family Lawyer In Sydney Who Cares About Your Needs
If you or anyone you know has been charged with breaching and ADVO or ADVO, it is advisable to speak to an experienced AVO lawyer at an early stage to benefit from realistic advice and practical steps.
Our criminal lawyers are amongst some of the best in Sydney, who will take the time to listen to your concerns and work with you to determine the best way forward.
At JCL Legal, we consider your whole situation and take the time to understand your feelings and your needs. Contact us now and talk to one of the best Sydney lawyer!
sources: gotocourt.com.au, sydneycriminallawyers.com.au, familyrelationships.gov.au, bainbridgelegal.com.au, thedefenders.com.au
