Apprehended Violence Orders Criminal Lawyers – Parramatta, Blacktown and Sydney
At Australian Criminal Law Group, we do not shy away from Apprehended Violence Orders. They are often unfair, unnecessary and based on untrue allegations. 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. Our criminal lawyers fight Apprehended Violence Orders with the full force of the law.
We fight Apprehended Violence Orders because police often impose them 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 a complainant is made, the police will often refuse to withdraw an Apprehended Violence Order even when the supposed ‘victim’ does not want one.
We are criminal lawyers that specialise in defending Apprehended Violence Orders and any charges that accompany them. We appear in Apprehended Violence Order proceedings daily in courts. We have a track record of having them dismissed to allow your life to return to normal without the courts or police interfering in your family life.
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.
Additional orders can be sought that state you are:
- No longer allowed to reside at the family home.
- Not allowed to contact the protected person except through the use of a lawyer.
- Not allowed within a certain distance from the protected person/s residence, work or school.
- Not allowed to be in the company of protected person for at least 12 hours after taking alcohol or drugs.
- Not allowed to possess any firearms or prohibited weapons.
- Not allowed to try and 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 give you as criminal record. Having an AVO made against you will not result in a criminal record. Although, 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 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 fear is at the time the Apprehended Violence Order is actually being sought.
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. These penalties are typically reserved for the worst offenders and our criminal lawyers have a proven track record of having no conviction recorded where our clients plead guilty.
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. We understand the stress and immeasurable unfairness they cause and that they are often based on fabricated allegations.
To discuss your Apprehended Violence Order call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today.