Apprehended Violence Orders (AVOs) offer protection against violence and intimidation in New South Wales. A court-issued restraining order prohibits a person from harassing, intimidating, or inflicting violence on the victim or victims. Family law cases and criminal law cases can both use AVOs. An AVO protects the victim from a perpetrator's actions and behaviors by prohibiting them, and it’s important to get your family lawyers in Sutherland involved early on.
Police are often called to protect people in situations where an AVO is appropriate. It is possible for the police to file an AVO application on behalf of an individual who does not wish one to be filed. Criminal charges may accompany an AVO if the behavior warrants them, and the seriousness of these issues is why you should get your family lawyers in Sutherland involved.
It is also possible to apply for AVOs privately with the support of your family lawyers in Sutherland. Evidence supporting a claim must be provided by the individual seeking protection. A witness statement, a police report, and a medical record can all be used as evidence. Private AVOs are usually not criminally charged. There is an option for the defendant to explain their case or accept the AVO if they agree. On the basis of both the evidence presented by those seeking the AVO and those defending themselves, the Court will decide whether to grant the AVO.
If an AVO is granted, people who are subject to the order cannot contact the person who needs protection, go near their homes or workplaces, or possess firearms. An AVO violation, or failure to comply with its rules, is punishable by fines or imprisonment, and your family lawyers in Sutherland can explain in more depth if you need them to..
Family law and the AVO
It is possible for one of the parties in a family law case to be violent or abusive towards the other, or that violence is a possibility. When a person in need of protection, such as a spouse or partner, is in a domestic relationship with the defendant, an AVO is used. The application can also be made on behalf of a child who is at risk.
AVOs and criminal law
The application for a personal violence AVO is usually made by parties without a domestic relationship in cases of violence, intimidation, or stalking.
In and of themselves, AVOs are not criminal charges. Unlike criminal charges, the AVO is a civil order. Breaching an AVO can, however, lead to criminal charges being brought against the defendant. Defendants who violate an AVO may be fined or imprisoned, and this is why it’s important to talk to your family lawyers in Sutherland if you have any questions or concerns about the application of the AVO.
How do I apply for an AVO?
AVO applications can be time-consuming and complicated. Private applications can be made or the police can make them for you. If you make a private application, we recommend seeking legal advice to avoid having it dismissed and being ordered to pay the defendant's costs.
During the application process, CDQ can assist you, but if you are in immediate danger, dial 000 immediately.
The following methods can be used to obtain an AVO:
It may be necessary to apply for a domestic violence or personal violence AVO, depending on the circumstances. It can be done privately, through a lawyer or legal representative, or with the assistance of the NSW Police.The court files the application after serving (giving it to the person against whom protection is sought).As well as setting a date/time for hearing evidence supporting the application, the Court also schedules a timeline for serving evidence (for example, defendant's evidence, police reports, medical records, and witness statements).AVO terms and conditions are set by the Court if granted.Defending an AVO
It is possible for an individual served with an AVO to defend it in court by providing evidence that will assist the Court in denying the order. If a court determines that the person in need of protection has no real fear of the Defendant or fears further violence, an AVO may not be issued.
Parties can also dismiss AVOs if they fail to comply with procedural rules or fail to negotiate with the other party – it’s vitally important that all parties speak to their family lawyers in Sutherland to fully understand the nature of the AVO.
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