Apprehended Violence Order (AVO) Lawyers Sydney
Served with an Apprehended Violence Order? Our specialist AVO lawyers provide immediate, strategic defence to fight the application and protect your future.
- Expert Defence for all AVOs
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Expert AVO Defence to Protect Your Rights & Reputation
Being served with an Apprehended Violence Order (AVO) in Sydney can be a stressful and overwhelming experience. While an AVO is not a criminal conviction, it imposes strict legal conditions and a breach can lead to serious criminal charges, including imprisonment and a criminal record.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our senior AVO lawyers have a formidable track record of achieving exceptional results for clients facing both Apprehended Domestic Violence Orders (ADVOs) and Apprehended Personal Violence Orders (APVOs). We focus on building a powerful defence strategy from the outset, aiming to have the AVO application withdrawn early or dismissed in court.
Our experienced Sydney AVO lawyers have a proven track record in:
- Getting AVOs withdrawn early, saving you legal costs & stress.
- Persuading the court to order the other party to pay your legal fees.
- Getting AVOs dismissed in court through fierce & strategic cross-examination of the other party & their witnesses.
Penalties for Fraud Offences in NSW
Fraud is a complex area of criminal law, with different actions carrying different maximum penalties under both State and Commonwealth legislation. The most common offences and their maximum penalties are outlined below.
| Offence | Legislation | Maximum Penalty |
|---|---|---|
| Obtain Financial Advantage or Property by Deception | Crimes Act 1900 (NSW) | 10 years imprisonment |
| Forgery (Making or Using a False Document) | Crimes Act 1900 (NSW) | 10 years imprisonment |
| Possession of Forged Document | Crimes Act 1900 (NSW) | 10 years imprisonment |
| Identity Fraud (Using Identification to Commit a Serious Offence) | Crimes Act 1900 (NSW) | 10 years imprisonment |
| General Dishonesty (Commonwealth Offences e.g. Centrelink Fraud) | Criminal Code Act 1995 (Cth) | 10 years imprisonment |
| Officer of an Organisation Deceiving Members or Creditors | Crimes Act 1900 (NSW) | 7 years imprisonment |
| Intention to Defraud by False or Misleading Statement | Crimes Act 1900 (NSW) | 5 years imprisonment |
| Intention to Defraud by Destroying or Concealing Accounts | Crimes Act 1900 (NSW) | 5 years imprisonment |
It is Possible to Avoid a Criminal Conviction or Maximum Penalties
It is possible to avoid a criminal conviction or the maximum penalties for a fraud charge. The expert criminal defence lawyers at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can prepare a thorough and persuasive case to secure the best possible outcome for you.
We have a proven track record of successfully negotiating with the prosecution to have fraud charges withdrawn or downgraded. Where this is not possible, we can build a robust legal defence for a defended hearing or prepare a compelling plea in mitigation to argue for a non-conviction order, such as a Section 10 dismissal or a Conditional Release Order. This allows the court to find you guilty but dismiss the charge without
What is an AVO?
An Apprehended Violence Order is a court order designed to protect individuals from violence, intimidation, harassment, or stalking. AVOs prohibit the person named in the order (the defendant) from engaging in specified conduct against the protected person.
Types of AVOs
There are two main types of AVOs in NSW:
Apprehended Domestic Violence Orders (ADVOs)
ADVOs are used when the person in need of protection and the defendant are in a domestic relationship. This includes:
- Current or former spouses or de facto partners
- People who have or have had an intimate personal relationship
- People living in the same household
- Relatives, such as parents, children, or siblings
- People in a relationship of care, such as paid carers
An important feature of ADVOs is that they automatically extend to protect any person with whom the protected person has a domestic relationship, such as their children. This means a separate ADVO is not required for each child.
Apprehended Personal Violence Orders (APVOs)
APVOs are used when the person in need of protection and the defendant are not in a domestic relationship. This could include:
- Neighbours or flatmates
- Co-workers
- Friends or acquaintances
- Strangers
Unlike ADVOs, APVOs do not automatically protect others close to the protected person. If protection is needed for additional people, like children, they must be specifically named in the order.
Both ADVOs and APVOs serve the vital purpose of ensuring the safety and well-being of individuals at risk of violence or harassment. The type of AVO appropriate in a given situation depends on the relationship between the parties involved. Understanding these differences is crucial for those seeking protection to make informed decisions about which path to pursue.
The AVO Application Process
Applying for an AVO in NSW can be done through the police or by private application to the Local Court. The process varies depending on the type of application and the urgency of the situation.
Police Applications
Police can apply for an AVO on behalf of a person in need of protection (PINOP) if they believe an order is necessary to ensure their safety. This is common in domestic violence situations.
The steps for a police AVO application typically include:
- The police investigate the situation and gather evidence, which may involve interviewing the PINOP, the defendant, and any witnesses.
- If the police determine there are reasonable grounds for an AVO, they can apply for a provisional order to provide immediate protection. This stays in place until the matter goes to court.
- The police serve the provisional order and court attendance notice on the defendant, informing them of the AVO application and court date.
- On the first court date, the provisional order can be extended as an interim AVO until the matter is finalised.
Police play a central role in gathering evidence and presenting the case in court on behalf of the PINOP in these applications.
Private Applications
Individuals can also apply for an AVO privately through the Local Court registry. This may be appropriate if the police haven’t applied for an order on their behalf.
The process for a private AVO application involves:
- The applicant (PINOP) completes an application form detailing their fears and the reasons they need protection.
- The application is lodged at the Local Court registry, and a Registrar or Magistrate assesses whether there are reasonable grounds to grant a provisional order.
- If a provisional order is made, it must be served on the defendant along with a court attendance notice. The applicant is responsible for arranging service, not the police.
- Both parties attend court on the nominated date. The defendant can choose to consent to (agree to) the order or contest it. If contested, the matter may proceed to a hearing where both sides present evidence.
In private applications, the applicant runs their own case and is responsible for presenting evidence to satisfy the court an AVO is necessary. They may have a lawyer represent them, but this isn’t required.
Regardless of the application type, the court can make an interim AVO to protect the PINOP until the matter is finalised. Final AVOs can be made by consent without admissions or after a contested hearing if the court is satisfied the PINOP fears violence, stalking, or intimidation, and those fears are reasonable.
AVO Conditions and Orders
AVOs in NSW come with a set of conditions that the defendant must follow. These conditions are designed to protect the PINOP from violence, harassment, intimidation, or stalking. The specific conditions included in an AVO will depend on the unique circumstances of each case.
Mandatory Orders
Every AVO includes three mandatory orders, often referred to as the “standard orders” or “Orders about behaviour.” These orders prohibit the defendant from engaging in the following conduct towards the protected person or anyone they have a domestic relationship with:
- Assaulting or threatening them
- Stalking, harassing, or intimidating them
- Intentionally or recklessly destroying or damaging any property that belongs to or is in the possession of the protected person
These mandatory orders apply to all AVOs and emphasise existing laws against such conduct. Breaching these orders can result in criminal charges, in addition to the offence of contravening an AVO.
Additional Orders
Depending on the circumstances that led to the AVO application, the court may impose additional orders to ensure the safety and protection of the PINOP. These additional orders can be categorised into orders relating to contact, family law and parenting, movement, and weapons.
Some examples of additional orders include:
- Prohibiting the defendant from approaching or contacting the protected person in any way, unless through a lawyer
- Restricting the defendant’s ability to go near specified locations, such as the protected person’s home, workplace, school, or childcare facility
- Prohibiting the defendant from approaching the protected person within 12 hours of consuming alcohol or illicit drugs
- Prohibiting the defendant from trying to locate the protected person, except as ordered by a court
- Allowing contact only in specific circumstances related to family law, parenting arrangements, or court-approved counselling or mediation
- Prohibiting the defendant from living at the same address as the protected person or any other specified place
- Requiring the defendant to stay a certain distance away from the protected person’s home or workplace
- Prohibiting the defendant from possessing any firearms or prohibited weapons
Breaching any of these additional orders is a criminal offence, just like breaching the mandatory orders. The maximum penalty for contravening an AVO in NSW is imprisonment for 2 years and/or a fine of $5,500.
It’s crucial for defendants to understand and comply with all the conditions of their AVO, even if they disagree with the grounds of the application. If the defendant believes the conditions are unreasonable or oppressive, they should seek legal advice on the possibility of varying or revoking the order, rather than simply breaching the conditions.
Consequences of Breaching an AVO
Breaching an AVO is a serious criminal offence in NSW, carrying significant legal penalties. If you are found to have violated any of the conditions outlined in your AVO, you may face severe consequences that can impact various aspects of your life.
Criminal Penalties
Breaching an AVO is a criminal offence under Section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). If you are convicted of contravening an AVO, you could face the following penalties:
- Imprisonment for up to 2 years
- A fine of up to $5,500
- Both imprisonment and a fine
The severity of the penalty will depend on factors such as:
- The nature and seriousness of the breach
- Whether you have any prior convictions for breaching AVOs
- The impact on the protected person
In cases where the breach involves violence, the court is required to consider imposing a prison sentence unless there are compelling reasons not to.
For example, if you are subject to an AVO that prohibits you from contacting your ex-partner, and you send them multiple threatening text messages, you could be charged with breaching the AVO. If convicted, you may face a significant fine or even imprisonment, depending on the severity and context of your actions.
Impact on Other Areas of Life
In addition to criminal penalties, breaching an AVO can have far-reaching consequences in other areas of your life:
- Employment: A criminal conviction for breaching an AVO may appear on your criminal record, which could affect your ability to obtain or maintain employment in certain industries.
- Family law matters: If you are involved in family law proceedings, such as child custody disputes, a breach of an AVO may be considered by the court when making decisions about parenting arrangements.
- Reputation: Being convicted of breaching an AVO can harm your personal and professional reputation, as it may be seen as a demonstration of your inability to abide by court orders and respect the law.
- Future AVOs: If you breach an AVO, it may be more difficult to challenge future AVOs taken out against you, as your past conduct will be taken into account by the court.
It’s crucial to understand the seriousness of breaching an AVO and the potential consequences you may face. If you are unsure about the conditions of your AVO or need guidance on complying with the order, it’s essential to seek legal advice from an experienced criminal lawyer who can help you navigate this complex situation.
Defending Against an AVO
If you have been served with an AVO application, you have several options for responding and defending against the order. The two main ways to defend against an AVO are:
Consent Without Admissions
One option is to consent to the AVO being made final without admitting to the allegations made against you. This means you agree to abide by the conditions and restrictions in the AVO, but you do not admit that you engaged in the alleged conduct or that the protected person’s fears are reasonable.
Consenting without admissions allows the AVO to be finalised without the need for a contested hearing. It can be a pragmatic approach if you want the matter resolved quickly, even if you dispute the allegations. However, it’s important to understand that the AVO will still be made and the conditions will be legally enforceable.
Some key points about consenting without admissions:
- The AVO is made final but you do not admit fault or wrongdoing
- You agree to follow all the conditions and orders in the AVO
- It avoids the time, stress and uncertainty of a contested hearing
- The protected person does not need to prove their case in court
- Breaching the AVO is still a criminal offence even if you consented
Before consenting to an AVO, it’s advisable to seek independent legal advice to understand the implications and ensure it’s the right approach for your situation.
Contesting the AVO
The other main option is to contest the AVO application and argue against the need for the order at a defended hearing. This involves presenting your case in court and challenging the evidence of the protected person.
If you believe the allegations are false, exaggerated or do not warrant the making of an AVO, you may choose to defend the application. At a contested hearing, the protected person (or police if they applied for the AVO) bears the onus of proving on the balance of probabilities that:
- The protected person fears you will engage in violence, stalking, harassment or intimidation against them, and
- Those fears are reasonable in the circumstances, and
- The making of the AVO is appropriate in the circumstances
Both sides have the opportunity to give evidence, call witnesses and present relevant material to the court. After considering all the evidence, the magistrate will decide whether to make the AVO or dismiss the application.
Some important considerations when contesting an AVO:
- You will need to prepare and present your defence in court
- The process can be lengthy, stressful and costly
- There is a risk the AVO will be made if the court accepts the protected person’s case
- If the AVO is made after a hearing, the court may be more likely to impose more restrictive conditions than if you had consented
- If the application is dismissed, you may be able to seek legal costs from the other party
Contesting an AVO is a significant undertaking. Having an experienced lawyer assist you in building your defence and advocating for you in court can be invaluable. They can advise you on the strengths and weaknesses of your case and help you decide on the best path forward.
Ultimately, whether to consent to or contest an AVO is a personal decision that depends on your individual circumstances. Understanding your options and getting proper legal guidance is essential to protecting your rights and achieving the best possible outcome.
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A PROVEN RECORD IN AVO CASES
We have a proven history of successfully defending AVOs. We focus on having applications withdrawn early or dismissed in court, protecting your rights and reputation.
EXPERT AVO LAWYERS
Our senior lawyers have over 40 years of combined experience in criminal defence. Their deep knowledge of AVO law and the NSW court system provides a decisive advantage in your case.
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FAQs
What is an Apprehended Violence Order (AVO)?
An Apprehended Violence Order (AVO) is a court order made in NSW to protect a person who fears violence, harassment, stalking, or intimidation from another person, known as the defendant.
Is an AVO a criminal record?
No, an AVO is a civil order and will not appear on a criminal record check. However, breaching an AVO is a criminal offence which can lead to a conviction and a criminal record.
What is the difference between an ADVO and an APVO?
An Apprehended Domestic Violence Order (ADVO) is made when the people involved have a domestic relationship (e.g., family or partners). An Apprehended Personal Violence Order (APVO) is for people who are not related and do not have a domestic relationship, such as neighbours or colleagues.
What happens if I breach an AVO?
Breaching any condition of an AVO is a serious criminal offence. If you are charged and found guilty, you could face penalties up to a $5,500 fine and two years in prison, resulting in a criminal record.
The protected person contacted me. Can they get in trouble?
No, the conditions of an AVO only apply to the defendant. The protected person cannot be charged for breaching the order, but you can. It is crucial you do not respond; our AVO lawyers can provide urgent advice on how to handle this situation.
What should I do if I've been served with an AVO?
The first thing you should do is seek expert legal advice from a specialist AVO lawyer. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we can immediately explain the conditions, your obligations, and the best strategy for defending the application.
Do I have to go to court for an AVO?
Yes, you are required to attend court on the date listed on the AVO. If you fail to appear, the court can make an interim or final AVO in your absence, so it is vital to attend or have an experienced lawyer represent you.
What are my options in court for an AVO?
Your main options are to consent to the AVO, either with or without admitting to the allegations, or to defend the AVO application. Our lawyers can also negotiate to have the AVO withdrawn in exchange for an ‘undertaking,’ which is a formal promise to the court.
What does 'consenting without admissions' mean?
This means you agree to the AVO and its conditions being put in place, but you do not agree that the allegations made against you are true. While this avoids a defended hearing, you should seek legal advice as there can still be serious consequences.
How long does a final AVO last?
The duration is set by the court. Typically, a final Apprehended Domestic Violence Order (ADVO) lasts for two years, and an Apprehended Personal Violence Order (APVO) lasts for 12 months, unless the court specifies a different period.
What are the mandatory conditions of an AVO in NSW?
Every AVO in NSW includes mandatory conditions that you must not assault, threaten, stalk, harass, or intimidate the protected person, or intentionally or recklessly damage their property or harm their animals.
Can an AVO be changed or cancelled?
Yes. If there has been a significant change in circumstances, you can apply to the Local Court to ‘vary’ (change the conditions) or ‘revoke’ (cancel) a final AVO. Our lawyers can assess your situation and prepare a strong application for you.
The protected person wants the AVO dropped. Will the police withdraw it?
Not automatically. If the police applied for the AVO, they control the case, not the protected person. While the protected person’s wishes are important, the police must agree to withdraw the application. An experienced lawyer can make formal representations to the police to persuade them to withdraw it.
How can an AVO affect my job or licences?
An AVO can prevent you from holding a firearms licence for up to 10 years and may impact your ability to pass a Working with Children Check or hold a security licence. Defending the AVO is critical to protecting your career.
What is the difference between an interim and a final AVO?
An interim AVO is a temporary order that protects the applicant while the case is ongoing, lasting from one court date to the next. A final AVO is the order made by the court at the conclusion of the case for a specified duration. Both are fully enforceable.
What does the court need to prove to make a final AVO?
The court must be satisfied on the ‘balance of probabilities’ (that it is more likely than not) that the protected person fears you will commit a personal violence offence, stalk, or intimidate them, and that these fears are based on reasonable grounds.
Can I get my legal costs paid for if I win my AVO case?
It is possible. In private AVOs, the court can order the other party to pay your legal fees if their application was frivolous or vexatious. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we have a strong record of successfully defending AVOs and making applications for costs against the other side.
What is an 'undertaking'?
An undertaking is a formal promise made to the court to abide by certain conditions, similar to an AVO. It is a common way to resolve an AVO application without a final order being made. Critically, breaching an undertaking is not a criminal offence.
Why do I need a specialist AVO lawyer?
AVO matters are legally complex and have serious consequences. A specialist AVO lawyer from our firm understands the court process, can challenge weak evidence, negotiate with police to have the application withdrawn, and build the strongest possible defence to protect your future.
How can Daoud Legal: Sydney Criminal Defence & Traffic Lawyers get my AVO dropped?
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