At Jackson John Defence Lawyers, we understand that navigating the legal frameworks involving an apprehended violence order (AVO) can be a challenging and emotional process. As AVOs are designed to protect individuals from violence, threats, or harassment, we are here to ensure your rights and safety are upheld throughout this process.
What are AVOs?
An AVO prohibits the named person (defendant) from engaging in certain behaviours. There are two types of AVOs, apprehended domestic violence orders (ADVOs) and apprehended personal violence orders (APVOs). An ADVO protects people from people with whom they have a domestic relationship such as an intimate partner or family member. An APVO protects people from people with whom they do not have a domestic relationship, for example neighbours or work colleagues.
What is the AVO Process?
A Court may make an ADVO or APVO if it is satisfied on the balance of probabilities that the person in need of protection (PINOP) has reasonable grounds to fear and/or the defendant has engaged in stalking or other intimidatory behaviour. There is no need for physical harm, it will be sufficient if the PINOP fears that harm may occur.
Provisional or interim orders applied for by police are to protect the PINOP until the Court can hear the application. An interim order will remain in effect for the period specified in the AVO and in the absence of a time period being specified, for 12 months. Typically, the Court will make orders for 12 months or 2 years. Occasionally, a Court may make an order for 5 years in the most serious cases. The defendant may contest the AVO or consent to the AVO on a non-admission basis.
A PINOP may apply for an AVO privately by filing an application signed by the Registrar of a Local Court. There are several reasons why a PINOP might seek to take out a private AVO instead of a police AVO, such as:
What are the Types of Orders?
The mandatory orders, which appear as Order 1 on an AVO state:
These orders can be made even if the PINOP and the defendant live together, are still in a relationship, or work together.
Depending upon the factual circumstances, a Court may make additional orders as appear necessary or desirable to ensure the safety of the PINOP. These can include:
What are the Consequences of an AVO?
An AVO is a civil order of the Court. It is not a criminal charge and will not be listed on a person’s criminal record. However, a person can be charged with a criminal offence for breaching an AVO, which carries a maximum penalty of 2 years imprisonment and/or a fine of $5500.
Should the PINOP wish to retract their statement and tell police that they made it up, police could charge the PINOP with a public mischief charge for which the maximum penalty is 12 months imprisonment and/or a fine of $5,500. Furthermore, should a PINOP give false evidence at Court, they may be exposing themselves to potential perjury charges, which carry a maximum penalty of 10 years imprisonment.
Having an AVO may affect a person’s ability to work with children. A police-initiated final AVO made against a defendant for the protection of a child will be recorded on a defendant’s working with children check and they may not be considered eligible for child-related employment.
Having an AVO may also affect family law proceedings. In determining an appropriate parenting order, the Court must consider the nature of an AVO, the circumstances in which an AVO was made, any evidence admitted in proceedings, and any findings of the Court.
Why Jackson John?
Given the range of possible ramifications with respect to the imposition and/or breach of an AVO, it is important to seek appropriate legal advice to assist you in making the right decision for you and your future. The team at Jackson John Defence Lawyers have extensive experience in AVOs and can help you navigate the Court process with dignity and upmost care to achieve a positive result. we can assist you if you are seeking protection, or if you are defending against an AVO.
In defending an AVO, we can assist with the following services:
In getting an AVO dropped or dismissed, our team of expert negotiators can save you excessive legal fees and stress by getting an AVO withdrawn. In addition, we will strive to get the other side to pay your legal fees where possible through a process known as a costs order.
Our team can also fight by your side to defend your AVO in court to get it dismissed. We will explore all options, assessing if there is insufficient evidence, or if the AVO is not going to truly protect the person named if they lack fear or reasonable grounds to fear.
An AVO can also be varied, where certain conditions can be eased or removed. Regarding your specific circumstances, our team of experts will make persuasive submissions on your behalf to achieve the variations sought.
Additionally, we can apply for a private AVO on your behalf, which involves:
If you the PINOP, we can make a private AVO application on your behalf. Once we have assessed and collated the necessary evidence, we will file your AVO at your Local Court.
Once we have filed the private AVO, we will then serve the necessary material on the defendant and the Court.
Throughout this process, and up until the hearing date, we will make effective attempts to contact and negotiate with the defendant if the circumstances are appropriate. However, if undesired or unsuccessful, we will advocate for you in Court.
On the hearing date, we advocate on your behalf. This will include providing statements, effective cross-examination, and persuasive submissions to establish why the AVO is warranted.
At Jackson John Defence Lawyers, we understand that navigating the legal frameworks involving AVOs can be a challenging and emotional process. As AVOs are designed to protect individuals from violence, threats, or harassment, we are here to ensure your rights and safety are upheld throughout this process.
© 2024 JACKSON JOHN DEFENCE LAWYERS – Privacy Policy
Liability limited by a scheme approved under Professional Standards Legislation.
Legal Practitioners employed by this entity are members of the scheme and participate in the Discretionary Higher Cap.
In the spirit of reconciliation, Jackson John Defence Lawyers acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community.
We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander Peoples today.
© 2024 JACKSON JOHN DEFENCE LAWYERS – Privacy Policy
Liability limited by a scheme approved under Professional Standards Legislation.
In the spirit of reconciliation, Jackson John Defence Lawyers acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander Peoples today.
