Apprehended Violence Orders
An AVO, or Apprehended Violence Order, is a court order which offers a person protection from various forms of physical or non-physical violence from another person.
In an effort to shed some more light on what an AVO is and some of the factors involved in the AVO process please read on:
LAC Lawyers has an extremely large criminal law practice and is in most Sydney courts almost every day of the week. This experience, coupled with our desire to seek the best possible outcome for the client, has led to much of our success. If you are after quality and experienced criminal law representation contact, LAC Lawyers.
What is an AVO?
An AVO is an order from Court which offers a person (victim/complainant) protection from another person (abuser/defendant) from various forms of physical violence or non physical abuse.
Will an AVO go on my criminal record?
If you have an AVO against your name it is not a criminal record, however it should be noted that it will remain registered on the Police computer system forever.
Types of AVO
Consent to the AVO
Without making admissions to the facts in question you may simply wish to agree to provide your consent to the proposed AVO. In such case you will be bound by the orders made by the Court.
If you have had an AVO taken out against you, it is crucial that you get the best legal advice available. Call LAC Lawyers today on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne) today for legal representation in your AVO case.
Disputing the AVO
In the event that you do not wish to consent to the AVO then the matter will be set down for a Hearing at a later date. In such case it is likely that an interim AVO may be taken out against you until the formal hearing of the matter.
It is imperative irrespective whether you consent to the AVO or not that you first obtain legal advice to understand the consequences of your actions. If you have had an AVO taken out against you, it is crucial that you get the best legal advice available. Call LAC Lawyers today on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne) today for legal representation in your AVO case.
Rationale for granting an AVO
For an AVO to be granted the Court must be satisfied on the balance of probabilities that the victim has reasonable grounds to fear that you will commit some form of personal violence, harassment, stalking, intimidation or molestation against them.
If you have had an AVO taken out against you, it is crucial that you get the best legal advice available. Call LAC Lawyers today on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne) today for legal representation in your AVO case.
Defending an AVO
Where you wish to dispute an AVO call us on (02) 9904 6800 for an appointment to review any inconsistencies in the victim’s alleged version of events, which may raise doubt on the victim proving on a balance of probabilities that they have reason to fear you.
Term of AVO
An AVO can be imposed upon you by the Court for as long as they deem necessary to ensure the victims protection. However the common terms of an AVO are generally 6 months, one year or two years.
If you have had an AVO taken out against you, it is crucial that you get the best legal advice available. Call LAC Lawyers today on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne) today for legal representation in your AVO case.
Experienced Criminal Lawyers
LAC Lawyers have a team of lawyers with the experience in criminal law cases that you need to get the best outcome. The following is a selection of our currently practicing criminal lawyers.
If you are facing an AVO, don't hesitate to call LAC today on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne).
Apprehended Violence Orders Articles
Criminal Law - All you need to know about stalking
Date: February 21, 2012
Author(s): Carmel Stagnitti LL,B. (Hons.) , Grad.Dip. (Legal Practice) , BA. (PolStuds) , Adv.Dip. (Criminal Justice)
If you have been charged with stalking, it is a serious criminal offence and carries a maximum penalty of 10 years imprisonment. A defence available to you in criminal proceedings for stalking or a personal safety intervention order is that the court is required to be satisfied on the balance of probabilities that the person has engaged in a course of conduct without malice.
Criminal Law - Apprehended Violence Orders - Court and Penalties
Date: March 10, 2011
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
The vast majority of the AVOs and PVOs are settled after negotiations and the application can either be withdrawn and dismissed, or an undertaking made not to embark on any form of specified behaviour without admissions, or with an order being made with the consent of both parties with no admissions as to the nature of the facts alleged in the application for an order.
Criminal Law - Sentencing in the Local Court
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Often I am asked by my clients who have been charged with common offences such as assault or drink driving what the likely result will be if they enter a plea of “Guilty”. This is not a question which can be answered with much certainty given that even when to individuals are charged with exactly the same charge, the possible outcome when it comes to that individual’s sentencing can vary according to factors such as in which Local Court the matter is dealt with, which Magistrate determines the sentence, the sentencing options available to the Magistrate and the individual’s subjective circumstances.
Criminal Law - GBH - Grevious Bodily Harm
Date: August 12, 2009
Author(s): LAC Lawyers
These offences are in effect a more serious assault. To have committed these offences what is required is an act of malice that causes the wound or the grievous bodily harm. Such an act would, however, in the ordinary course constitute an assault as well.
Criminal Law - Apprehended Violence Orders - Offences
Date: May 21, 2009
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Given the rise in awareness of the cost and impact of violence in the community, with a focus on domestic violence, the NSW Parliament has responded with legislation designed specifically to address this area. The aim of the current legislation (Crimes(Domestic and Personal Violence) Act 2007 No. 80 (the Act)) is...
Sports and the Law - Restraining the Paparazzi
Date: February 12, 2009
Author(s): LAC Lawyers
Wayne is an internationally known Australian fast spin bowler. As a celebrity he is a typical target for freelance photographers out to make profit from capturing his image in whatever attitude at any time and any place. Sadly his family is often caught in the thick of it. Although it must be nice to be famous, it must be equally exhausting to have photographers lurking around every street corner, up every tree and...yes...hiding inside garbage bins as well.
Sports and the Law - Famous sports people are often the target of blackmailers
Date: January 28, 2009
Author(s): LAC Lawyers
Sports people can be easy prey for blackmailers and extortionists. Whilst at the height of their careers, sports men and women can be big fee earners and commanding enormous popularity. Sadly they are only human with human failings and weaknesses. They can easily be exploited by unscrupulous individuals intent on “cashing in” on their fame and fortune.
Criminal Law - Does a threat equal an assault?
Date: December 01, 2008
Author(s): LAC Lawyers
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.
Criminal Law - How Serious Are AVOs (New South Wales)
Date: October 12, 2006
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
There is a strong desire on the part of the legislature to reduce the incidence of, and provide protection to, the victims of domestic violence. Apprehended violence orders and bail are the main vehicles chosen to provide this protection. These provisions are fundamentally in aid of the prosecution.
Employment Law - Bullying - Adults in the schoolyard
Date: September 26, 2005
Author(s): LAC Lawyers
The idea of bullying has long been associated with naughty children in a schoolyard. But in recent years, there has been increased awareness and recognition in Australia that adults can be bullies too. Nowhere is this notion more alive than in the workplace, where high stress levels and hierarchies create a framework for day to day life.