In New South Wales, Apprehended Violence Orders (AVOs) are legal protections that safeguard individuals from violence, threats, intimidation, and harassment. These orders play a crucial role in preventing domestic and personal violence by imposing restrictions on the behaviour of the person against whom the order is made.
If you or someone you know is involved in an AVO matter, our family lawyers at Szabo & Associates Solicitors can help you understand how these orders work, their implications, and the legal process involved.
Types of AVOs in NSW
The Crimes (Domestic and Personal Violence) Act 2007 governs two main types of AVOs in NSW:
Apprehended domestic violence order (ADVO): This applies when the parties involved have a domestic relationship, such as spouses, de facto partners, family members, or housemates. The court commonly issues ADVOs in cases of domestic violence.
Apprehended personal violence order (APVO): This applies when there is no domestic relationship between the involved parties. It is typically sought in cases involving co-workers, neighbours, or acquaintances where there is a risk of violence or harassment.
How to Obtain an AVO
Generally, the person needing protection or acting on their behalf can apply for an AVO in local court. Police can also apply for an AVO on behalf of someone, even if that person does not want to apply themselves. In cases of domestic violence, police often apply for an AVO. When someone makes an application, the court may issue a provisional AVO if there is an immediate risk to the protected person. This temporary order remains in place until the court hears the matter.
Conditions of an AVO
An AVO places specific restrictions on the defendant’s behaviour. These conditions protect the protected person’s safety and well-being. Standard conditions include not assaulting, molesting, harassing, threatening, or interfering with the protected person and not approaching the protected person within a certain distance of their home, workplace, or children’s school.
Magistrates can also impose additional conditions tailored to the case’s circumstances. These might include restrictions on contacting the protected person in any way, attending specific locations, or consuming alcohol or drugs.
What Happens in an AVO is Breached?
Breaching an AVO is a serious criminal offence. If a respondent violates the order’s conditions, they may face criminal charges, leading to penalties such as fines or imprisonment. Both parties must understand and comply with the conditions set out in an AVO.
Defending Against an AVO
If you are the subject of an AVO and dispute the allegations, you can challenge it in court. Possible defenses may include:
- The allegations are false or exaggerated
- The order is unnecessary
- The restrictions imposed are too severe
Seeking legal advice from our Sydney family lawyers is vital in these situations to understand your rights and ensure the best possible outcome.
Seek Legal Assistance from Szabo & Associates Solicitors
Whether you need to apply for an AVO, respond to one, or challenge its conditions, seeking professional legal advice is crucial. Our experienced solicitors can help you navigate the process, protect your rights, and work toward the best resolution for your situation. If you are facing an AVO matter in NSW, contact us today for skilled guidance and representation.