In the NSW criminal justice system, it is usual for alleged victims or protected persons to ask NSW police officers or criminal defence lawyers how to get an AVO dropped. However, a mere intention for the protected persons to drop the AVO is not enough.
If you require advice regarding how to get an avo dropped, speak to avo specialist lawyers now.
The steps for how to get an AVO dropped are:
First, the protected person should obtain independent legal advice from a lawyer other than the criminal defence lawyer acting for the defendant;
Second, the protected persons solicitor can prepare a letter on behalf of that person to send a letter to the police (known as representations). A specialist AVO lawyer should do this;
Third, the NSW police will usually take around 6 weeks to respond to these representations and consider withdrawing the AVO.
It is important to note that only an accredited specialist criminal lawyer will be able to use their experience and knowledge as a police officer to maximise your chances to get an AVO dropped. If the above fails, it is not uncommon for an NSW Police Avo application to follow its usual course.
AVO proceedings are considered civil proceedings in the Local Court, not criminal proceedings. Usually, the NSW police will apply for an avo against a defendant. However, you can apply for a private avo. Accordingly, defended AVO proceedings usually follow the below procedure.
You are required to attend the Local Court on the first Court date. The Court will set a timetable if you are defending the police avos proceedings against you. After that, the Court will order a timetable for the parties to complete before the case is set for a hearing.
An example of the timetable set down by the Court could be;
There is usually a provisional AVO or interim AVO that NSW Police impose when they make an application for an AVO. These applications will always have avo conditions attached to them.
You can choose to oppose the provisional or interim AVO on the first court date. Depending on the gravity of the allegations against you, the Magistrate will usually make an interim or provision AVO. You should seek legal advice if you wish to oppose making an interim order. An interim AVO is a temporary AVO that is enforceable while the Court case is ongoing.
Moreover, if a police officer fail to serve their evidence on time on you, the Court may dismiss the proceedings against you.
The second Court date is known as a compliance check. On this date, you should attend and the Court will ask the parties if everyone has complied with the Court’s orders. If the evidence has been served and both parties are ready to proceed, the Court will give a hearing date.
This is the date you must attend Court.
At the hearing, the Court will read any statements that have been filed and consider the evidence that the parties present.
The procedure for hearing is that the applicant will first give evidence in chief against you. After completing this, you will have the opportunity to cross-examine that witness by asking them questions. However, from 1 September 2021, in domestic violence criminal matters or related apprehended violence order proceedings where a lawyer does not represent you, you are not allowed to ask the applicant questions about their evidence in Court directly. In this situation, the Court will appoint a suitable person to ask the questions on your behalf. Court-appointed questioners are court staff.
Once the applicant has presented all their evidence, you will have the opportunity to call or give evidence in your defence. Usually, this may be you giving evidence in chief and then the applicant cross-examining you.
Rules of evidence apply in the above proceedings. Generally, you or the applicant are not allowed to ‘surprise’ each other with evidence not filed with the Court before the compliance check. Defending AVO proceedings can be complicated, and it is a good idea to seek advice from criminal defence lawyers.
For a final AVO to be made against you, Section 16 of the Crimes Domestic and Personal Violence Act 2007 sets out the factors that must be proved on the balance of probabilities. This section states;
(1) A court may, on application, make an apprehended domestic violence order if it is satisfied on the balance of probabilities that a person who has or has had a domestic relationship with another person has reasonable grounds to fear and, in fact fears-
(a) the commission by the other person of a domestic violence offence against the person,or
(b) the engagement of the other person in conduct in which the other person–
(i) intimidates the person or a person with whom the person has a domestic relationship, or
(ii) stalks the person, being conduct that, in the opinion of the Court, is sufficient to warrant the making of the order.
If you have been found guilty of associated criminal charges such as common assault, an AVO order will be made automatically. However, the AVO will be dismissed if the applicant is unable to prove that:
(a) he or she fears that you will engage in certain types of conduct towards the PINOP, such as assault, molestation, harassment, threats or other types of prohibited conduct; and
(b) that their fears are warranted in all of the circumstances.
Yes, you can appeal to the District Court of NSW. However, it is different if you have consented to an avo in Court and wish to appeal it. The District Court’s permission will first be required for you to be allowed to appeal. Accordingly, it would be best if you understood that an AVO order against you is not a criminal offence.
If you need help with police avos, you should speak to an experienced AVO lawyer. Call us today.
If the police have charged you or a loved one, you must attend court. Appearing in court for a criminal charge is usually daunting. Let us help you make the process easier. Here are 10 reasons to choose our team of criminal lawyers from Lyons Law Group;
Result-focused criminal lawyers
Our team will work to achieve the best result for you in the shortest time possible. However, we do aim to provide quality over quantity service to you. Our criminal lawyers appear in all criminal and traffic matters, including trials, sentencing, bail applications, and apprehended violence orders. We are a result-focused firm of lawyers.
At Lyons Law, we do not make any unrealistic promises for results. You will be advised on the most realistic results achievable in your case, including acquittals of all charges against you. Nevertheless, you can be sure that our team will work extremely hard to achieve the best possible outcome for you.
Proven Track Record
Our experienced defence lawyers are passionate about representing their clients and achieving the best outcome. Lyons Law is a team of solicitors who are dedicated, and with our support staff, you can be confident of the highest quality of legal representation. We have an exceptional track record of results. We provide our outstanding client service at an affordable rate for our clients.
Fixed Fees
We always let our clients know how much their cases will cost from the beginning. This makes it easier for them to decide whether or not they want to proceed with the case. Not only do we offer fixed fees for many types of criminal cases and services, but also free first phone consultations. In addition, our firm offers fixed fees applicable to a wide range of Local Court cases such as drink driving, fraud, drug possession, assault, and AVOs.
Free First Conference
For all of those individuals who are going to court, we offer a free first 15-minute phone conference with one of our senior criminal defence lawyer. It is best you email our office all your relevant documents before a conference so criminal lawyers can provide the best advice within that time frame.
Highly experienced criminal defence lawyer
Lyons Law Group is a highly experienced team of criminal lawyers. Our team is led by Mohammad Khan, who is one of the best criminal lawyers in Sydney. He has represented clients in some of Australia’s most high-profile cases and was under the direct tutelage of Australia’s leading criminal lawyer Adam Houda.
Moreover, our team has worked and successfully represented clients on highly complex trials and sentences in NSW.
Work closely with Australia’s leading criminal law barrister
We work closely with some of Australia’s leading criminal law barristers. Barristers are usually instructed in more serious matters, and their experience and input can be invaluable to your case. The barristers we regularly instruct range from Queen’s counsels, Senior counsels and highly experienced junior-senior counsels.
Specialist for District and Supreme Court trials
Our team of sydney criminal lawyers have worked on numerous District and Supreme Court trials in NSW. We have worked on extremely complex criminal law trials that require impeccable preparation and understanding of the law.
Specialist for bail applications in NSW
Lyons Law Group is a highly experienced team of bail lawyers. We have regularly obtained bail for clients for extremely serious charges that carry life sentences. For types of charges, bail is usually denied by a Court.
In house Experts
Our criminal lawyers have in-house investigators with decades of law enforcement experience and assist our team with process service, background checks, integrity testing, investigations, surveillance, and bug detection.
For the preparation of jury trials and defended hearings, these services can be utilised on behalf of our client to achieve the best result.
Appearance at all Courts in NSW
From Broken Hill to Waverly, our criminal lawyers appear in all courts throughout New South Wales.
If you wish to contact us or book your first free 15-minute phone conference, contact us on 0404479096 or send us an email at info@lyonslaw.com.au.
