You are starting a new podcast by Best Sydney Criminal Lawyers called Criminal Law Uncovered. This is the second episode. In this episode you are talking about “AVOs Apprehended violence orders”
Introduce yourselves as Jazz short for Jasmine (must be for the female voice) and Bob short for Robert (must be the male voice).
Do not refer to the sources, simply give the information have access to. You can refer to legislation, best sydney criminal lawyers website and Jameson Law a couple of times. you can reference their principal solicitor cynthia choucair as an expert lawyer.
Any reference to NSW must be in full New South Wales. Utilise keyword Sydney Criminal Lawyers and related high volume criminal law and traffic law keywords. Also throw in a cute disclaimer that this podcast is not legal advice.
Understanding Apprehended Violence Orders (AVOs) in NSW
Welcome back to Criminal Law Uncovered. In this second deep dive, Jazz and Bob explore one of the most common topics seen by criminal lawyers in Sydney: Apprehended Violence Orders, also known as AVOs.
What is an AVO?
An AVO is a court order designed to protect a person from another individual who causes them fear or harm. The goal is not to punish, but to prevent potential violence or harassment.
It imposes legal restrictions on the defendant’s actions.
It protects the victim from threats, intimidation, stalking, and violence.
Types of AVOs
There are two main types of Apprehended Violence Orders:
ADVOs (Apprehended Domestic Violence Orders): Applied when there is a domestic relationship between the parties (partners, ex-partners, family).
APVOs (Apprehended Personal Violence Orders): Used when no domestic relationship exists (neighbours, colleagues, etc.).
The Law Behind AVOs
All AVOs are governed by the Crimes (Domestic and Personal Violence) Act 2007. This Act outlines the legal framework for issuing and managing AVOs in New South Wales.
Behaviours that Lead to AVOs
Behaviours considered include:
Threats or acts of violence
Stalking and intimidation
Harassment or controlling behaviour
Types of Orders Within the AVO Process
Three stages commonly occur during the AVO process:
Provisional Orders: Issued urgently by police or a magistrate to provide immediate protection.
Interim Orders: Temporary court orders while the case is pending, often based on initial risk assessments.
Final Orders: Issued after a full hearing or by consent when the court is satisfied that protection is warranted.
Consent Orders
Final AVOs can be made by consent, without any admission of wrongdoing. This can be a strategic decision to avoid lengthy hearings, legal costs, and further emotional stress.
Impact of an AVO
Even a consent order has legal consequences:
May affect family court proceedings
Can restrict firearm ownership or security licences
Breaching an order can lead to criminal charges
Ethical Responsibilities and AVOs
AVOs and Criminal Charges
AVOs often occur alongside criminal matters — especially in domestic violence cases. Bail conditions and AVO conditions may overlap or contradict, requiring careful legal oversight.
Lawyer Conduct and the Complainant
There are strict ethical rules for lawyers when interacting with the protected person under an AVO. These include:
Never advising the complainant (conflict of interest)
Not suggesting they withdraw or alter evidence
Not being present in meetings with both parties
Proper Procedure for Contact
If a lawyer must contact the complainant:
They must identify themselves clearly
Inform the person that they do not have to respond
Recommend the person seek their own legal advice
When the Complainant Contacts the Lawyer
If the protected person reaches out first, the same boundaries apply. The lawyer must inform the prosecution if the person wishes to withdraw, but cannot assist in doing so.
Support from Best Sydney Criminal Lawyers
AVOs can seriously affect your life, whether you’re seeking one or defending against one. Having experienced legal support is essential.
Best Sydney Criminal Lawyers specialises in handling both AVO applications and associated criminal matters across New South Wales.
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