APPREHENDED VIOLENCE DISORDER (AVO)

AVOs are orders issued by the court to ensure the safety of individuals. They mandate that the defendant refrain from committing acts of assault, harassment, intimidation, or stalking against the protected person for a designated period.

In addition to these prohibitions, AVOs may include additional conditions. For instance, the court may impose restrictions that forbid the defendant from initiating contact with the protected person, approaching within a specified distance of the protected individual's residence or workplace, or damaging the protected person’s property.

HOW DOES AN AVO IMPACT AN INDIVIDUAL?

If you have been given an AVO, it is important to understand that this does NOT result to a criminal record, but rather put into place for the protection of a person against another person.

However, defendants are prohibited from possessing firearms or holding a firearms license for a period of 10 years following the finalisation of the AVO, unless the court decides to cancel the order. If you are a defendant with a firearms license or firearms, you are required to promptly surrender them to the police. As a result, a final AVO may impact your job prospects that require you to hold one. Additionally, a final AVO will impact your job prospects if you are to hold a security licence.

In NSW, all individuals volunteering or employed in child-related roles must undergo a satisfactory Working With Children Check (WWCC). This process includes a review of the national criminal record. Previously, the check also required an assessment for ‘relevant AVOs’. However, since changes in the Child Protection Act (2012) this means that an AVO doesn’t necessarily identify as a ‘disqualifying offence’. However, it may form part of a risk assessment if there is a ‘trigger offence’ attached which might ultimately impact obtaining a WWCC.

WHAT IS ADVO?

An apprehended domestic violence order (ADVO) is a type of AVO designed to protect an individual from someone with whom they have, or have had, a domestic relationship.

As of 25 November 2017, ADVOs are enforceable nationwide, requiring defendants to adhere to the order throughout Australia. For ADVOs issued before this date, an application can be made to have the order recognised and enforced nationally.

CONSEQUENCES OF BREACHING AN AVO?

In New South Wales, violating an AVO constitutes a criminal offence. The penalty for breaching an AVO can include up to two years of imprisonment and/or a fine of $5,500.

If you have been issued an AVO or have been caught breaching the conditions, it is crucial to contact a criminal lawyer to handle your case. Domestic violence offences, especially those that hold an AVO or ADVO hold very serious consequences, therefore, require expertise knowledge and experience to effectively manage the issue at hand.

THE AVO HEARING PROCESS

If you are facing a notice related to an AVO, it is recommended to promptly seek legal representation from experienced criminal defence lawyers. If we represent you, we may be able to appropriate assist if you are seeking not to consent.

① Notice of an AVO

Once the application for an AVO is made, it must be delivered to the defendant personally by a police officer. This is known as ‘service’. Once a police officer has served the application, they fill out a statement of service and send it to the Local Court so that the court knows the defendant is aware of the application.

A defendant will need to attend court on the first date after receiving an application notice which asks for an Apprehended Violence Order (AVO) to be made against him or her.

② Deciding on agreeing or disagreeing to the AVO

If you are the defendant, you should consider carefully whether to consent or not consent to:

  • the circumstances raised in the application notice

  • an order being made

  • all or some of the orders being asked for on the application notice

  • the period of time that the application notice is asking for the order to exist.

This is the time recommended to seek legal advice before your case goes to court if you are unsure whether to consent or not consent to an AVO.

Agreeing to an AVO

If the defendant agrees to an order being made, the judicial officer will usually make the order that day. The defendant will need to attend the court office to get a copy of the order.

The defendant can consent to the order without admitting to any of the allegations made in the application. The magistrate will then usually make a final AVO by consent and ‘without admissions’.

Disagreeing to an AVO

If the defendant does not agree to an order being made, the case will not be finalised that day. The court will list the matter on a further occasion (adjourn) and set a timetable for the filing of statements.

The court will consider whether to make an interim order during any period of adjournment. The defendant must obey the interim order until the court decides the case.

③ Finalisation of an AVO through a court decision or the defendant’s consent

In making a decision, the magistrate will consider all the evidence. Evidence can include the application for the AVO, statements, verbal accounts of incidents given by witnesses, and documents or things such as phone records, medical reports, emails and text messages or letters. Otherwise, consenting to an AVO will also finalise the order.

After a final AVO is made, if the defendant is present in the court the AVO is enforceable immediately. The defendant may need to adhere to these following key conditions until the final order is served:

The offender must not assault or threaten the person for whom an AVO (protection) is granted:

  • The offender must not stalk, harass or intimidate the protected person.

  • The offender must not destroy or cause any damage to the property of the protected person.

Additionally the court can include numerous other stipulations within the AVO with further restrictions such as:

  • Going near the victim protected under ADVO.

  • Going near the victim’s household and/or their workplace.

  • Going near the protected person within 12 hours of consuming alcohol or other illicit substances.

  • Contacting or communicating with them through any direct or indirect means.

  • Tracking the movements of the protected person/s.

WHY CHOOSE SYDNEY DEFENDERS TO BE IN YOUR CORNER

Sydney Defenders specialises in advocating for their clients, protecting their rights and seeking justice through fair hearing.

Drawing upon a collective experience of over a decade, our firm is dedicated to delivering services that excel beyond comprehensive, honest and strategic representation but also supportive and empathic client-lawyer connection.

This unique blend of qualities has earned our team a stellar reputation for providing five-star quality services, as recognised by our clients.

Whether you're seeking to plead not guilty, aiming for the best legal outcome, or assisting a loved one in applying for bail. Making sure you have experienced lawyers who understand the intricacies of the law is fundamental.

Getting legal advice early on is crucial to ensuring your rights and interests are protected. Our lawyers will properly assess your case and guide you towards achieving the best possible outcome.