Expert AVO Lawyers in Sydney

An AVO prohibits another person from engaging in certain behaviors. The law that covers this is the Crimes (Domestic and Personal Violence) Act 2007 (NSW). An AVO application is usually dealt with in the Local Court of NSW.

Every AVO will have conditions that the person does not assault, molest, threaten, harass, intimidate or stalk you. In addition, the court may make other orders appropriate to your circumstances. For example, the violent person must not approach the protected person or your work.

In NSW, there are two types of AVOs being ADVO and APVO. An ADVO is an Apprehended Domestic Violence Order and can be obtained when there is a domestic relationship between the parties. The definition of a domestic relationship is contained in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). It states;

A person has a “domestic relationship” with another person if the person–

(a) is or has been married to the other person, or

(b) is or has been a de facto partner of that other person, or

(c) has or has had an intimate personal relationship with the other person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature, or

(d) is living or has lived in the same household as the other person, or

(e) is living or has lived as a long-term resident in the same residential facility as the other person and at the same time as the other person (not being a facility that is a correctional centre within the meaning of the Crimes (Administration of Sentences) Act 1999 or a detention centre within the meaning of the Children (Detention Centres) Act 1987 ), or

(f) has or has had a relationship involving his or her dependence on the ongoing paid or unpaid care of the other person (subject to section 5A), or

(g) is or has been a relative of the other person, or

(h) in the case of an Aboriginal person or a Torres Strait Islander, is or has been part of the extended family or kin of the other person according to the Indigenous kinship system of the person’s culture.

An APVO is an Apprehended Personal Violence Order and can be obtained when there is no domestic relationship between the parties.

An apprehended violence application can be made by any of the following people:

• The person needing protection is referred to as the ‘protected person;
• A guardian of the person needing protection; or
• Police officer.

For an AVO, you will need to show that you fear the person and that there are reasonable grounds for you to fear that person.

You should report any incidents to the police. If you are scared, or a victim of family violence you should talk to the NSW Police as soon as possible. The police may apply for (and issue in cases of domestic violence) a Provisional AVO (an urgent order) on your behalf. This will act as a form of restraining orders against the person.

If the police are acting for the protected person on the protection orders, you may negotiate the terms and conditions of the AVO.

In addition, if the person is making a private avo application against you, you can negotiate the terms and conditions of the AVO. This is discussed further below. If you wish to negotiate avo conditions, you should speak to a avo lawyer.

An “interim AVO” is a temporary AVO against you that remains in force against you until the case has concluded. For an interim avo to be made, section 22 of the Crimes (Domestic and Personal) Violence Act 2007, requires the court to be satisfied that an interim AVO is, “necessary or appropriate in the circumstances”.

An interim AVO is not a criminal matter, and agreeing on an interim basis does not mean you have a criminal record or that you agree with the allegations against you. However, if you breach an interim avo, it will result in criminal charges against you. If you are subsequently convicted of that avo breach, it may be a criminal record.

An AVO can attach several conditions in NSW. These include things like no contact with the protected person, non approach orders and other standard conditions. Once avo conditions are in place, it could result in an avo police check.

Accordingly, it is extremely important you do not breach your avo conditions and obtain legal advice from an avo lawyer.

Yes, you can defend avo proceedings against you. It is not uncommon that false avo claims are made against individuals. It is a criminal offence under section 49A CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 to make a false avo claim against another. The law states;

A person is guilty of an offence if–

(a) the person makes a statement (whether orally, in a document or in any other way), and

(b) the person does so knowing that the statement is false or misleading in a material particular, and

(c) the statement is made to a Registrar or Magistrate for the purpose of making an application for an apprehended personal violence order under section 18.

The maximum penalty for such an offence is 12 months imprisonment or 10 penalty units or both. In such a scenario, you should obtain legal advice and defend those proceedings. 

Although a final avo order is not a criminal record, it could adversely affect you in the long term. 

There are various ways you can have an AVO application against you dropped or dismissed. In short, they are as follows;

• The applicant fails to comply with court orders;
• Allegations are baseless or without merit;
• Defending the AVO in Court;
• Negotiations with the undertaking;
• Negotiations without undertaking;
• The protected person fails to appear in court; and
• ‘Protected person’ named in AVO doesn’t hold fears.

An AVO breach can be a criminal offence and is a non-compliance of the AVO orders against you. The penalties for an AVO breach can be serious, especially if it involves acts of violence.

Section 14 of the act stipulates the penalties for breach of an ADVO. A breach is regarded as non-compliance, attempt to or contravention of the conditions of an ADVO or ADPO.

Breaching Avo attracts the maximum penalty imposed by the court is; 2 years imprisonment or a fine of 50 penalty units or both.

It is a common question an avo lawyer faces, does an avo appear on a police check? The answer is no. A final AVO order is not a criminal record.

However, as stated above, a breach of an AVO is a criminal offence and prosecuted under criminal law.

A private avo application will cost you a filing fee in the Local Court of NSW. Most advo lawyers who act for a person in avo proceedings may charge them legal fees from anywhere between $4, 000.00 to $10, 000.00.

However, if the NSW police prosecute the intervention orders on your behalf, you do not have to pay any filing fee, nor a private avo lawyer.

Here at Lyons Law Group, we have avo specialist lawyers who regularly advise and attend Court to represent clients who are prosecuted for NSW Police AVO applications or private applications. Contact us now.