AVO Lawyers Sydney

If you are facing an apprehended violence order (AVO), you should immediately consult an experienced Sydney AVO lawyer. An AVO can have consequences for your career, employment and ability to contact your family members, so getting the right representation is paramount.

Astor Legal: Experienced AVO Lawyers in Sydney and Parramatta

Our team has been rated amongst the best AVO lawyers in Sydney and Parramatta, which is reflected by:

• Our team being led by Avinash Singh, a Law Society-accredited specialist in criminal law – placing us in the top 6% of criminal lawyers
• Our proven track record of having domestic violence charges dropped, dismissed, and ensuring no conviction is recorded
• Over 100 genuine client reviews and numerous prestigious awards

How we Defend AVOs

There are multiple avenues by which to advocate for your interests if you are faced with an AVO you see as unfair. Here’s a breakdown of how we can defend, fight and vary AVOs for our clients.

Defending an AVO

Defending an AVO refers to opposing the AVO in court if you disagree with it. The process unfolds in court, and includes:

1. Opposing the AVO: On the first court appearance, you or your lawyer will inform the court that the AVO is opposed, and the court will set a timetable.
2. Serving Evidence: Both parties (the applicant and the defendant) must serve evidence in support of their case.
3. Compliance Mention: The court checks if both parties have complied with serving their evidence and, if so, sets a hearing date.
4. Hearing: The court reviews the evidence, hears witnesses, and decides whether to issue a final AVO or dismiss the case.

The court will issue the AVO if it is satisfied that the protected person has reasonable grounds to fear the defendant. The standard of proof is on the balance of probabilities (i.e., more likely than not).

Fighting an AVO

Fighting an AVO means challenging the factors that justify the AVO being made. To successfully fight the AVO, you must prove that the following factors are not present:

1. The alleged victim has reasonable grounds to fear a personal violence offence from you.
2. The alleged victim, fears a personal violence offence from you unless they are under 16 years of age or have a mental impairment or the alleged victim has, in the past, been subject to a personal violence offence from you and the court believes there is a reasonable likelihood of it occurring again.
3. It is appropriate to make an AVO in the terms sought.

Additionally, the court may consider factors under Section 17(2) of the Crimes (Domestic and Personal Violence) Act, including:

1. The effects of restricting access to the defendant’s residence.
2. Potential hardship caused by the AVO, particularly to the protected person and any children.
3. Accommodation needs, particularly to the protected person and any children.
4. Any other relevant matter.

Varying an AVO

Varying an AVO refers to the process of changing the conditions of an AVO. You can vary an AVO by applying to the court to vary the conditions of the apprehended violence order. Generally, the applicant, protected person, defendant, or the police can apply. Applications need to be lodged at court and allocated a date on which they will be heard.

You should obtain legal advice from a specialist AVO lawyer if you are seeking to vary the conditions of an AVO or have the AVO revoked, as it can be a complex process. See our guide on how to vary an AVO for a more detailed breakdown of the process.

See our reviews and recent AVO cases

 

AVO Stages

There are 4 key stages in the AVO process which can vary based on the nature of the situation. Astor Legal provides you with expert advice and representation at every stage of the AVO process.

1.      Application

The application stage is when the AVO is first requested and not yet enforceable. Typically, AVOs at this stage are either personal applications made directly to the court or domestic AVOs where the police haven’t found the situation serious enough to issue a provisional order.

2.    Provisional

A provisional AVO is enforceable. These are usually issued by a senior police officer in connection with an allegation of domestic violence. A provisional AVO remains enforceable until it is either revoked, made an interim order or final order, or it is withdrawn or dismissed.

3.    Interim

An interim AVO is enforceable and is made by a court where it is deemed necessary and appropriate. Provisional orders are normally made into interim orders after the first court appearance. They remain enforceable until they are either revoked, made a final order, or it is withdrawn or dismissed.

4.   Final

A final AVO is enforceable and is usually made at the end of court proceedings. They are usually enforceable for one to two years, although this can be longer.

What is an AVO?

An apprehended violence order (AVO) is an order that restricts the behaviour of a person for the protection of another person.

The purpose of an AVO is to restrict a person from intimidating, harassing, stalking, assaulting, to even communicating with or being within a certain distance (e.g. 100 metres) of any person named as a ‘person in need of protection’ (PINOP).

There are some mandatory conditions that come with an AVO, and then there are other optional conditions. These conditions restrict the behaviour of the person on whom the AVO is imposed.

AVO conditions in NSW

An AVO may place restrictions on what you can and cannot do. Some common examples of conditions in NSW are:

• You cannot approach or contact a particular person or persons
• You cannot enter a particular premises
• You cannot go within a certain distance of a particular location
• You cannot be in the company of a particular person within 12 hours of consuming alcohol

Types of AVOs

There are two types of AVOs, and we are experienced in defending both. Here is an explanation of each type of AVO and what they mean.

Apprehended Domestic Violence Order (ADVO)

Apprehended Domestic Violence Orders (ADVOs) are made when there is or has been a domestic relationship between two people. The definition of domestic relationship is very broad. If police are contacted in relation to a domestic incident there are circumstances where they must apply for an apprehended violence order.

This can occur even if the alleged victim in the matter expressly indicates that they do not want an AVO to be applied for. Police are legally required to make an application for an apprehended violence order if they believe that a domestic violence offence:

• Has been committed
• Is being committed
• Is imminent or likely to be committed

Apprehended Personal Violence Order (APVO)

Apprehended Personal Violence Orders (APVOs) are made when there is no domestic relationship between the parties. These are common where the dispute is between neighbours.

Except in the case of serious assaults, police do not generally apply for a personal AVO on someone’s behalf. In most instances a personal AVO is initiated by the applicant attending court and making an application through the registrar.

Get Expert Advice and Representation with Astor Legal

When faced with an AVO, getting the best defence is important for your peace of mind and to avoid serious consequences. If you’re dealing with an AVO, trust the expertise of Astor Legal, led by Avinash Singh. As one of Australia’s top criminal lawyers and an Accredited Specialist, Mr Singh has successfully defended hundreds of AVO applications, helping clients achieve favorable outcomes.

With over ten years of experience and a track record of success, including representing elite sportspeople like Andrew Johns, Astor Legal who you want fighting for you. Contact Astor Legal today for expert AVO defence.

Frequently Asked Questions

What happens if you breach an AVO?

Violating an AVO in NSW is considered a criminal offence, which can result in immediate arrest and charges. The police have the authority to arrest you for breaching an AVO. If convicted, you could face up to 2 years in prison and/or a fine of up to $5,500.

Is an AVO a criminal record?

An AVO will not give you a criminal record. If, however, you are found guilty of breaching an AVO, you may receive a criminal conviction.

How long does an AVO last in NSW?

If the duration of the order is not specified by the court, it will remain in effect for two years from the date the order is issued if the defendant is an adult, and one year from the date the order is issued if the defendant is under 18.

How to get an AVO?

Police usually issue an AVO for you if they deem it necessary. However, you can apply for a private AVO directly through the registrar at your local court. Unlike a police-issued AVO, a private AVO does not require police approval, so you can apply for one even if the police have declined to issue it for you.

Does an AVO appear on a Police check?

No. As an AVO is not a criminal conviction, it will not appear on any Police check. What are the grounds for an AVO in NSW?

How to revoke an AVO

You can apply to the Local Court to change or revoke a final AVO. To do so, you must:

1. Notify all relevant parties (defendant, protected person, and police if needed).
2. Prove there has been a change in circumstances justifying the change or revocation.

See our guide on getting an AVO dropped. If the protected person is under 16, only the police can apply to change or revoke the AVO.

What are the costs involved in AVO cases?

You can seek the other side to pay your legal costs pursuant to Section 99 of the Crimes (Domestic and Personal Violence) Act 1999 (NSW).

In private AVO matters, costs can be awarded If they are just and reasonable if the other side’s application for the AVO was frivolous or vexatious.

However, under Section 99A of the Act, costs can only be ordered against a Police application for an AVO if Police knew the application contained matters that were false or misleading.