An AVO (Apprehended Violence Order) is a document issued by the court that prohibits a person from getting within a certain distance of another person who allegedly needs protection.  AVOs are common in domestic violence related cases in NSW. The Domestic and Personal Violence Act criminalises actions such as stalking and intimidating people including those in a domestic relationship. An AVO takes three forms namely:

1. Provisional AVO which is made by an authorised justice once a person or police make an application.

2. Interim AVO made by the court before final determination based on the circumstances.

3. Final AVO made after the court determines there are actual fears from the protected person.

Defending an AVO

There are several options when it comes to defending an AVO. The first option is to accept the AVO. Simply accepting the AVO does not mean that you agree to the allegations made. It means that you are ready to abide by the terms imposed. Accepting an AVO means that the matter is quickly finalised but you must abide by the terms of the AVO. An AVO is not considered a criminal charge and is settled in the civil court. However, accepting one may stop you from working in some professions. Also, you will not be allowed to have a firearm license.

The first step is attending the initial court hearing where the case will be mentioned. If you do not plead guilty, a date for hearing the case will be set by the court. The court will give you time to gather evidence and prepare your defence. In the meantime, you will be served with an interim AVO which is relevant until the case is settled by the court.

Preparing a good defence will require you to collect a good amount of evidence. This is where the expert advice of an experienced lawyer on the type of evidence you should gather based on your circumstance and the evidence brought forward by the applicant is needed.   Of great importance are witness statements and any other evidence that can prove that the applicant is misleading the court.

If you mount a good defence, the AVO can be cancelled after it is proven that the applicant does not have enough evidence to support a claim of harassment or intimidation. Also, if the police take out an AVO on another person’s behalf, the AVO may be withdrawn if that person fails to give a statement.

If you are issued with an AVO, you need to contact us now on 02 9449 1967  and discuss the best way to move forward based on your specific circumstances