Apprehended Violence Order Defence Solicitors Sydney
Apprehended Violence Order (AVO) and Domestic Violence (DV) charges are often unfair, unnecessary and based on untrue allegations. The police overuse AVOS and anyone can walk into a local court and apply for one. An AVO could restrict you from residing in your own home, seeing your children or your wife.
At Australian Criminal Law Group, we do not shy away from Apprehended Violence Orders or Domestic Violence criminal charges. Our criminal lawyers fight Apprehended Violence Orders and DV charges with the full force of the law. We have a proven track record of representing clients who leave the court with no conviction or criminal record.
We fight Apprehended Violence Orders and DV charges to get clients the best results possible. That’s because they are often imposed on people based on grossly exaggerated versions of what occurred or outright lies. Sadly, the person making the allegation is sometimes a family member manipulating the court system for an ulterior motive. Once the supposed ‘victim’ has made a complaint, even if they no longer want an AVO, the police will often refuse to withdraw an Apprehended Violence Order.
We are criminal lawyers that specialise in defending Apprehended Violence Orders and clients with domestic violence charges against them. We appear in Apprehended Violence Order proceedings daily in courts. Our defence team have a track record of getting the courts to dismiss them meaning your life to return to normal without the courts or police interfering in your family life. If you decide to plead guilty, we have a proven track record of clients who leave the court with no conviction or criminal record.
What is an Apprehended Violence Order?
An Apprehended Violence Order is an order made by a court against a person who makes another person (known as the person in need of protection or PINOP) fear intimidation, harassment or for their safety. All Apprehended Violence Orders provide you must not:
- Assault or threaten the PINOP,
- Stalk, harass or intimidate the PINOP, and
- Deliberately or recklessly destroy or damage anything that belongs to the PINOP.
The prosecution or protected persons can seek additional orders. These could include the following.
- You can no longer reside at the family home.
- You can no longer make contact with the protected person except through the use of a lawyer.
- Banned from within a certain distance from the protected person/s residence, work or school.
- Cannot be in the company of a protected person for at least 12 hours after taking alcohol or drugs.
- Not allowed to possess any firearms or prohibited weapons.
- Banned from trying to locate the Protected Person.
Is an Apprehended Violence Order a criminal offence?
An Apprehended Violence Order is not a criminal charge and it will not result in you getting a criminal record. Although, there can be consequences beyond the making of the AVO itself.
- You must give any firearms you have 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 courts will notify the Commission for Children and Young People. This will impact your ability to work with children.
What is the law in relation to Apprehended Violence Orders?
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 protected person’s fear is at the time the Apprehended Violence Order is actually being sought.
What happens if I breach an AVO?
Breach of an AVO is a criminal offence. The police will charge you with Contravene AVO (Apprehended Violence Orders) if you breach your AVO.
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. These penalties are typically reserved for the worst offenders.
You can read about all the sentencing options that a court has, including having no conviction recorded.
Why choose Australian Criminal Law Group?
We specialise in defending Apprehended Violence Orders and Domestic Violence offences. We understand the stress and immeasurable unfairness they cause and that they are often based on fabricated allegations.