Receiving an Apprehended Violence Order (AVO) can be a confusing and stressful experience. Whether it is a private application by a neighbour or a police-initiated order following a domestic incident, the legal implications are serious.
At Best Sydney Criminal Lawyers, we protect your rights. This guide explains what an AVO is, the different types of orders in New South Wales, and how we can help you defend against them.
What is an AVO?
An Apprehended Violence Order (AVO) is a court order made under the Crimes (Domestic and Personal Violence) Act 2007. It is designed to protect a “Person in Need of Protection” (PINOP) from violence, intimidation, or harassment.
Importantly, an AVO itself is a civil order. Having an AVO made against you does not mean you have been charged with a crime, and it does not result in a criminal record unless you breach it.
Types of AVOs in NSW
There are two distinct categories of AVOs, depending on your relationship with the protected person:
- Apprehended Domestic Violence Order (ADVO): Issued when there is a “domestic relationship” between the parties. This includes spouses, de facto partners, family members, and even people living in the same household or residential facility.
- Apprehended Personal Violence Order (APVO): Issued when there is no domestic relationship. Common examples include disputes between neighbours, co-workers, or former friends.
The AVO Process: What to Expect
The process typically moves through three stages: Provisional, Interim, and Final orders.
1. Provisional AVO
This is often an urgent order made by police at the scene of an incident. It is temporary and lasts until the matter comes before the court (usually the next sitting day).
2. Interim AVO
At the first court mention, the Magistrate may make an “Interim Order” to stay in place while the case is ongoing. This is common if you plead not guilty and the matter is adjourned for a hearing.
3. Final AVO
A Final Order is made if you consent to the AVO (often “without admissions”) or if the Magistrate finds against you after a hearing. A Final AVO usually lasts for 12 months or 2 years.
Consequences of an AVO
While an AVO is not a criminal conviction, it has significant “collateral” consequences that can affect your life and livelihood.
Firearms and Security Licences
If a Final AVO is made against you, you must surrender any firearms immediately. You are automatically banned from holding a firearms licence for 10 years. This can be devastating for security guards, farmers, or recreational shooters.
Working With Children
An AVO (especially an ADVO involving children) can trigger a risk assessment by the Office of the Children’s Guardian, potentially affecting your Working With Children Check (WWCC) and employment in education or childcare.
Criminal Charges for Breaching
If you fail to comply with any condition of the AVO, you can be charged with the criminal offence of “Contravene AVO”. The maximum penalty is a $5,500 fine and/or 2 years imprisonment. If the breach involves physical violence, the law requires the court to consider a jail sentence.
Defending an AVO
You do not have to accept an AVO. Our team at Best Sydney Criminal Lawyers, often in collaboration with family law experts like Jameson Law, can help you explore your options:
- Consent Without Admissions: You agree to the order to end the proceedings quickly, but you do not admit to the allegations. This saves legal costs and time.
- Undertakings: In some APVO matters, we can negotiate for the application to be withdrawn in exchange for a formal promise (undertaking) to the court to stay away from the other party.
- Defended Hearing: If the allegations are false, we fight them. We cross-examine witnesses and present evidence to prove that the protected person has no reasonable grounds to fear you.
Final Thoughts
An AVO is not just a piece of paper; it is a court order with serious restrictions. Do not ignore it. Immediate legal advice is crucial to ensure you do not accidentally breach a condition or accept an order that restricts your life unnecessarily.
Contact Best Sydney Criminal Lawyers today to discuss your defence strategy.
