Apprehended Violence Orders Lawyers – Parramatta, Blacktown and Sydney
At Australian Criminal Law Group, we do not shy away from the fact that Apprehend Violence Orders are often unfair, unnecessary and based on untrue allegations designed to destroy your life. They are overused by police and anyone can walk into a local court and apply for one. Their effect can be to ban you from your home and make it a crime to talk to your wife and kids. They must be fought with the full force of the law.
What is an Apprehended Violence Order?
An AVO is an order made by a court against a person who makes another (known as the person in need of protection or PINOP) fear intimidation, harassment or for their safety. All Apprehended Violence Orders provide a Defendant:
- Must not assault, molest, harass or threaten the PINOP or a person with whom the PINOP is in a domestic relationship;
- Must not intimidate the PINOP or a person with whom the PINOP is in a domestic relationship;
- Must not stalk the PINOP or a person with whom the PINOP is in a domestic relationship.
Other conditions can include stopping a person from contacting the PINOP and attending their residence or work.
Is an Apprehended Violence Order a criminal offence?
An AVO is not a criminal charge and it will not give you as criminal record. Although having an AVO made against you will not result in a criminal record, there can be consequences beyond the making of the AVO itself. These include:
- Any firearms you have must be given in to the police and you cannot get a new firearms licence until 10 years after the AVO has ended.
- An AVO can also affect your licence to work as a security officer, a police officer or other specific jobs.
- If the AVO includes children, the Commission for Children and Young People may be notified and your ability to work with children may be affected.
What happens if I breach an AVO?
Where an AVO is made against you and you are accused of breaching the AVO, you will be charged with a criminal offence. If you are found guilty, you may be subject to considerable penalties, including a criminal record. The maximum penalty for breaching an Apprehended Violence Order is a fine of $5500.00 and/or two years imprisonment.
What is the law in relation to Apprehended Violence Orders?
In order for the court to make an Apprehended Violence Order against you, the Applicant must establish on the balance of probabilities:
- They, or the protected person fears that the Defendant will be violent towards them, harass them or intimidate or stalk them (this is a subjective test, which means that it is based on what the protected person actually feels); and
- The protected person’s fear is based on reasonable grounds (this is an objective test, which means it is based on whether the court believes that a person in the protected person’s situation would feel the same as the protected person).
The fear is at the time the Apprehended Violence Order is actually being sought.
Why choose AC Law Group’s criminal lawyers?
We appear for Defendants in AVO cases and selectively for applicants when we see the police have ignored their need for protection from threats in their lives.
We are a firm that specialises in criminal law, including Apprehended Violence Orders. We appear in applications for Apprehended Violence Orders on a daily basis in courts and understand the law in relation to them and how to present your evidence and refute the evidence against you.
Contact our criminal law offices in Sydney, Parramatta, and Blacktown to talk to a lawyer and discuss your apprehended violence order.