An Apprehended Violence Order (AVO) in New South Wales (NSW) is a legal tool designed to protect individuals from violence, harassment, or intimidation. However, being subject to an AVO or facing allegations related to one can have significant personal, professional, and legal implications.
At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, offering expert legal representation to navigate AVO matters effectively. As leading Sydney criminal lawyers and traffic law specialists, we are committed to protecting your rights and achieving the best possible outcome in these complex cases.
In this comprehensive guide, we explore everything you need to know about Apprehended Violence Orders in NSW, including their purpose, types, processes, consequences, and defences. For legal advice, contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.
What Is an Apprehended Violence Order (AVO)?
An Apprehended Violence Order (AVO) is a court order issued under the Crimes (Domestic and Personal Violence) Act 2007 to protect a person (the protected person) from violence, stalking, intimidation, or harassment by another individual (the defendant). AVOs are commonly issued in situations involving domestic violence, disputes between neighbours, or conflicts between individuals outside a domestic relationship.
AVOs aim to ensure the safety and wellbeing of the protected person by imposing restrictions on the defendant’s behaviour, such as prohibiting contact, approaching the protected person’s home or workplace, or engaging in threatening conduct. AVOs are typically handled in the Local Court (e.g., Parramatta, Liverpool, or Campbelltown) and can be issued by a magistrate or initiated by NSW Police on behalf of the protected person.
Types of AVOs in NSW
There are two main types of AVOs in NSW:
- Apprehended Domestic Violence Order (ADVO):
- Applies to disputes within domestic relationships, such as between spouses, partners, family members, or household members.
- Examples: Allegations of domestic violence, threats, or coercive control within a family or intimate relationship.
- Apprehended Personal Violence Order (APVO):
- Applies to disputes outside domestic relationships, such as between neighbours, colleagues, or acquaintances.
- Examples: Stalking, harassment, or intimidation by a non-family member.
Both types of AVOs can be tailored with specific conditions to address the circumstances of the case, such as prohibiting contact, restricting proximity, or banning certain behaviours.
When Can an AVO Be Issued?
Under section 16 (ADVO) or section 19 (APVO) of the Crimes (Domestic and Personal Violence) Act 2007, a court may issue an AVO if:
- The protected person has reasonable grounds to fear violence, intimidation, or stalking by the defendant.
- The conduct is sufficient to warrant the order, considering the safety and protection of the person.
Police may also apply for a Provisional AVO in urgent situations (section 27), which takes effect immediately and remains in place until a court hearing. A magistrate will then decide whether to issue an Interim AVO (temporary) or a Final AVO (long-term, typically lasting 12–24 months).
Grounds for an AVO
An AVO may be sought based on:
- Physical Violence: Assault or threats of physical harm.
- Intimidation: Conduct causing fear, such as verbal threats, abusive messages, or coercive control.
- Stalking: Repeatedly following, watching, or contacting someone in a way that causes fear.
- Property Damage: Destroying or damaging the protected person’s property.
- Harassment: Persistent unwanted contact, such as texts, calls, or social media messages.
The AVO Application Process
The process for obtaining or defending an AVO in NSW involves several stages, typically handled in the Local Court:
1. Application
- By the Protected Person: An individual can apply for an APVO directly at a Local Court or through a lawyer.
- By Police: NSW Police can apply for an ADVO or APVO on behalf of the protected person, especially in domestic violence cases or urgent situations.
- Provisional AVO: Police may issue a temporary order in emergencies, effective until a court hearing.
2. Court Mention
- The first court appearance (mention) involves entering a plea (accept or contest the AVO).
- If contested, the court may issue an Interim AVO and schedule a hearing.
3. Interim AVO
- A temporary order issued to protect the person until the final hearing.
- Conditions may mirror those of a Final AVO, such as no-contact orders.
4. Final Hearing
- Both parties present evidence, including witness statements, text messages, or police reports.
- The magistrate decides whether to issue a Final AVO, dismiss the application, or impose alternative orders.
5. Duration and Conditions
- A Final AVO typically lasts 12–24 months but can be extended or varied.
- Common conditions include:
- No contact with the protected person (in-person, phone, or online).
- Staying away from the protected person’s home, workplace, or school.
- Prohibiting violence, intimidation, or stalking.
6. Breaching an AVO
- Breaching an AVO is a criminal offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007.
- Penalties: Up to $5,500 fine and/or 2 years imprisonment.
- A breach can also lead to a criminal record, impacting employment and travel.
Consequences of an AVO
While an AVO itself is not a criminal conviction, it can have significant consequences for the defendant:
- Restrictions on Behaviour: Limits on where you can go or who you can contact, affecting personal and family relationships.
- Possible Criminal Record: Breaching an AVO results in a criminal record, which remains on your National Police Certificate for 10 years (or 3 years for juveniles) unless spent under the Criminal Records Act 1991.
- Employment: Some employers require disclosure of AVOs, especially in roles involving security, childcare, or vulnerable people.
- Firearms Licences: An AVO automatically suspends or revokes a firearms licence under the Firearms Act 1996, and you may be prohibited from holding one for 10 years.
- Family Law: An AVO can impact parenting orders or custody disputes under the Family Law Act 1975 (Cth).
- Reputation: Allegations of violence or harassment can damage personal and professional relationships.
Given these consequences, engaging a Sydney criminal defence lawyer is critical to defending against an AVO or minimising its impact.
Defences to an AVO Application
If you’re named as a defendant in an AVO application, several defences can be raised to contest the order or have it dismissed. A Sydney criminal lawyer can assess your case to identify the most effective defence. Common defences include:
1. No Reasonable Grounds for Fear
- The protected person does not have reasonable grounds to fear violence, intimidation, or stalking.
- Example: If the allegations are based on a single, minor argument without evidence of ongoing threats, a lawyer can argue the AVO is unwarranted.
2. False or Exaggerated Allegations
- The protected person’s claims are untrue, exaggerated, or motivated by malice (e.g., to gain an advantage in a family law dispute).
- Example: A lawyer can present evidence, such as text messages or witness statements, to show the allegations lack credibility.
3. Lack of Evidence
- The prosecution or applicant must prove the need for an AVO. A lawyer can challenge:
- Insufficient evidence of violence, intimidation, or stalking.
- Unreliable witness statements or lack of corroborating evidence (e.g., no photos of property damage).
- Example: If the application relies on vague claims without specific incidents, the case may be dismissed.
4. Procedural Errors
- Police or the applicant failed to follow proper procedures, such as not serving the AVO application correctly.
- Example: If a Provisional AVO was issued without proper grounds, a lawyer can challenge its validity.
5. Mental Health or Cognitive Impairment
- If a mental health condition contributed to the alleged behaviour, a lawyer can apply for a diversion under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, potentially leading to treatment instead of an AVO.
Strategies to Defend Against an AVO
A Sydney criminal defence lawyer can employ several strategies to defend against an AVO or mitigate its impact:
1. Negotiating with the Applicant or Police
- A lawyer can negotiate to:
- Modify conditions to make them less restrictive (e.g., allowing contact for parenting purposes).
2. Challenging Evidence in Court
- Present evidence to dispute allegations, such as:
- Witness statements or alibis proving you were not present during alleged incidents.
- Communications (e.g., texts or emails) showing the allegations are false or exaggerated.
- Expert reports, such as psychological assessments, to support a section 14 diversion.
- Cross-examine the protected person or police to expose inconsistencies.
3. Securing a Dismissal
- Argue that the AVO is unnecessary or unjustified, leading to its dismissal by the court.
- Example: If the protected person’s fear is not reasonable or supported by evidence, the application may be dismissed.
4. Applying for a Variation or Revocation
- If an AVO is already in place, a lawyer can apply to vary or revoke it under section 73 of the Crimes (Domestic and Personal Violence) Act 2007 if circumstances change (e.g., reconciliation or resolution of the dispute).
5. Seeking Non-Conviction Outcomes for Breaches
- If pleading guilty to a breach, a lawyer can advocate for:
- Section 10(1)(a) Dismissal: No conviction or penalty.
- Section 10(1)(b) Conditional Release Order (CRO): No conviction, with conditions like good behaviour.
- Community Correction Order (CCO): Community service instead of imprisonment.
The Court Process for AVO Matters
The court process for an AVO typically involves:
- Application:
- Filed by the protected person or NSW Police at a Local Court.
- A Provisional AVO may be issued in urgent cases.
- Mention:
- The defendant enters a plea (accept or contest). If contested, a hearing is scheduled.
- Interim AVO:
- A temporary order may be issued until the final hearing.
- Final Hearing:
- Both parties present evidence, and the magistrate decides whether to issue a Final AVO or dismiss the application.
- Breach Charges:
- If an AVO is breached, a separate criminal charge is heard, potentially leading to a conviction.
- Appeals:
- Either party can appeal an AVO decision to the District Court within 28 days under the Crimes (Appeal and Review) Act 2001.
Steps to Take When Facing an AVO
To protect your rights and improve your case outcome, follow these steps:
- Engage a Sydney Criminal Defence Lawyer Immediately:
- Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499 for a free consultation to assess your case and develop a defence strategy.
- Exercise Your Right to Silence:
- Avoid making statements to police without legal advice, as they may be used against you (section 89, Evidence Act 1995).
- Gather Evidence:
- Collect documents like text messages, emails, or witness statements to dispute allegations.
- Provide character references or proof of reconciliation (if applicable).
- Comply with AVO Conditions:
- Strictly adhere to any Provisional or Interim AVO conditions to avoid breach charges.
- Prepare for Court:
- Work with your lawyer to present a robust defence or negotiate a resolution.
- Appeal or Vary an AVO:
- If an AVO is issued unfairly, appeal to the District Court or apply for a variation/revocation.
Why Choose Nicopoulos Sabbagh Lawyers?
At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we are dedicated to delivering exceptional representation for AVO, criminal, and traffic law matters in Sydney, NSW. Our team offers:
- Specialised Expertise: In-depth knowledge of the Crimes (Domestic and Personal Violence) Act 2007, Crimes Act 1900, and Road Transport Act 2013.
- Proven Results: Securing dismissals, modified AVOs, and non-conviction outcomes across Sydney courts, including Parramatta, Liverpool, and Campbelltown.
- Ethical Representation: Adhering to the Legal Profession Uniform Law (NSW) and Solicitors’ Conduct Rules for transparent, reliable advice.
- Accessible Support: Contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au for a free initial consultation.
Don’t let an AVO or breach charge derail your future. Our Sydney criminal lawyers and traffic law specialists will fight tirelessly to protect your rights and achieve the best possible outcome.
Apprehended Violence Orders in NSW are critical tools for protecting individuals from violence or harassment, but they can have significant consequences for defendants, including restrictions on behaviour and potential criminal charges for breaches. By engaging a Sydney criminal defence lawyer, you can challenge unfounded AVO applications, negotiate resolutions, or defend against breach charges to protect your record and reputation. At Nicopoulos Sabbagh Lawyers, we leverage our expertise to deliver tailored strategies, ensuring your rights are upheld and your future is safeguarded.
Take control of your AVO case today. Contact Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au to schedule a free consultation. Let us help you navigate the AVO process and achieve the best possible result.