Introduction

False AVO claims are a serious issue in NSW, affecting many individuals and families. These claims can lead to significant restrictions on a person’s life, including limits on where they can go and with whom they can associate, even when no violence has occurred. The legal and personal ramifications of such claims underscore the importance of understanding this complex issue.

This guide provides essential information and practical guidance on navigating false AVO claims in NSW. It covers the legal framework, the impact of such claims, and strategies for defending against them, ensuring readers are well-equipped to address this challenging situation effectively.

Understanding AVO and False AVO Claims

Definition of an Apprehended Violence Order

An Apprehended Violence Order (AVO) is a court-issued mandate designed to protect individuals from violence, harassment, intimidation, or stalking. It is primarily governed by the Crimes (Domestic and Personal Violence) Act 2007 (NSW).

AVOs function by restricting the behaviour of the person they are issued against, prohibiting actions such as:

• Assault
• Harassment
• Stalking

There are two main types of AVOs:

• Apprehended Domestic Violence Order (ADVO): Issued when there is a domestic relationship between the parties, such as marriage, de facto partnership, or living together.
• Apprehended Personal Violence Order (APVO): Issued when there is no domestic relationship, such as disputes between neighbours, colleagues, or acquaintances.

Additionally, AVOs can be provisional, interim, or final, each serving different purposes and durations. It’s important to note that breaching an AVO is a serious criminal offence, potentially leading to imprisonment or fines.

What Constitutes a False AVO Claim

A false AVO claim occurs when someone intentionally makes exaggerated, misleading, or fabricated allegations to obtain an AVO. These deceptive claims are often motivated by:

• Personal vendettas
• Attempts to damage someone’s reputation
• Gaining an advantage in legal proceedings, such as custody battles

Under section 314 of the Crimes Act 1900 (NSW), making a false accusation with the intent to have someone investigated for an offence they did not commit is a criminal offence, punishable by up to seven years’ imprisonment. To prove this offence, the prosecution must establish that the accuser knew the accusation was false and intended for the other person to be investigated.

False AVO claims can have severe consequences for the accused, including restrictions on their freedoms, damage to their reputation, and emotional distress. Moreover, they undermine the integrity of the legal system and the protection it aims to provide for genuine victims of violence and harassment.

Relevant Legislation and False Accusation Laws

In NSW, making a false accusation is governed by section 314 of the Crimes Act 1900 (NSW). This section criminalises the act of knowingly making false accusations with the intent to have someone investigated for an offence they are innocent of.

For a conviction, the prosecution must prove:

• The accusation was made with the intent to investigate the accused
• The accuser knew the accusation was false
• The accuser knew the accused was innocent

This legislation highlights the seriousness of false accusations, though proving these elements can be challenging without concrete evidence, such as CCTV footage or witness testimony.

Criminal and Civil Penalties for Making False AVO Claims

The penalties for making false AVO claims can be severe, reflecting the legal system’s commitment to justice and fairness.

Potential consequences include:

• Criminal Charges: While making an AVO itself isn’t a criminal charge, making false accusations is punishable under section 314 of the Crimes Act 1900 (NSW) and may result in criminal charges.
• Civil Penalties: If an AVO is found to be frivolous or vexatious, the court may order the applicant to pay the defendant’s legal fees.
• Imprisonment: Under section 314, making a false accusation can lead to imprisonment for up to seven years.
• Intensive Correction Orders: Some offenders may receive intensive correction orders as an alternative to imprisonment.
• Community Correction Orders: These orders require community service or other forms of rehabilitation.
• Good Behaviour Bonds: Offenders may be placed on probation with conditions to ensure good behaviour.

These penalties underscore the legal system’s stance against false accusations, aiming to deter such behaviour and protect the rights of the accused.

Strategies for Defending Against False AVO Claims

Importance of Seeking an Experienced AVO Lawyer

When facing false AVO claims, consulting an experienced AVO lawyer is crucial. These legal professionals specialise in navigating the complexities of AVO cases and can provide tailored advice to protect your rights. An experienced lawyer can help you understand the legal process, identify weaknesses in the case against you, and develop a robust defence strategy. Their expertise is invaluable in ensuring that your side of the story is presented effectively in court.

Effective Defence Strategies to Dismiss False Claims

Defending against false AVO claims requires a strategic approach. Key strategies include:

• Discrediting Evidence: Challenging the admissibility of evidence presented against you. This may involve demonstrating inconsistencies, illegal obtaining of evidence, or highlighting lack of credibility in the accuser’s claims.
• Presenting Independent Witnesses: Gathering statements from witnesses who can corroborate your version of events or provide character references to refute the accuser’s allegations.
• Objecting to Procedural Irregularities: Identifying and challenging any procedural errors in the application or handling of the AVO, such as improper filing or lack of sufficient grounds.

These strategies can help ensure that false claims are thoroughly examined and potentially dismissed in court. If you are facing an AVO, contact an experienced AVO lawyer at Daoud Legal in Sydney to discuss your case and explore your defence options.

Court Process in False AVO Cases

Understanding Court Procedures and Their Impact on the Defendant

The court process for handling AVO cases in NSW is governed by the Crimes (Domestic and Personal Violence) Act 2007. Typically, AVOs are issued by the Local Court, with police often applying for provisional orders in urgent situations without requiring a court appearance. Individuals seeking protection must file an application through the court.

The process begins with a mention date, during which the magistrate assesses whether the applicant wishes to proceed and how the defendant intends to respond. If the case is contested, it proceeds to a defended hearing where evidence is presented.

Defendants have several options at this stage, including:

• Consenting without admitting guilt,
• Filing a cross-application, or
• Defending against the allegations.

These procedures significantly impact the defendant by imposing restrictions on their freedoms and potentially leading to criminal charges if the AVO is breached. It is important to note that even if the AVO is later revoked, the defendant must adhere to its conditions until it is officially revoked.

Conclusion

False AVO claims are a serious issue in NSW, with significant legal and personal ramifications for those affected. Understanding the legal framework, the consequences of making false accusations, and the strategies for defending against such claims is crucial for anyone navigating this complex situation. This guide has provided essential information on the definition of AVOs, the factors contributing to false claims, and the importance of seeking experienced legal representation.

If you or someone you know is facing a false AVO claim, it is imperative to act promptly and seek legal advice. Contact the experts at Daoud Legal in Sydney today to discuss your case and explore your defence options. Their specialised services are tailored to protect your rights and ensure the best possible outcome in court. Don’t let false accusations disrupt your life—take the first step towards resolving the matter with trusted legal expertise.

Frequently Asked Questions