Restraining Orders
Restraining orders, more officially called "family violence orders", are legal documents created under state or territory law to protect a person from violence.
Because the laws relating to restraining orders are state-based, rather than federal, restraining orders are known by different names in different states. In NSW, restraining orders are referred to as "Apprehended Violence Orders"; in Victoria they are called "Intervention Orders". In other states, they are often called "Protection Orders" (QLD, ACT), "Restraint Orders" (TAS), or "Restraining Orders" (SA, WA, NT).
Apprehended Violence Orders (AVOs)
In NSW, Apprehended Violence Orders, or AVOs, are broken up into two classes - Domestic (ADVOs) and Personal (APVOs). To learn more about AVOs, or either of the specific types of AVO, visit the following pages:
Breaching an AVO
Breaching an AVO is considered a criminal offence, and the police have the power to arrest you without a warrant. Read our Breaching an AVO page for more information.
Intervention Orders
Intervention orders can be made to protect an individual from either violence or stalking, and are made by a magistrate in the Magistrates' Court. Interim orders can be made in the short-term, to protect an individual until the magistrate has heard evidence and made a decision; final orders are put in place by a magistrate if they believe that a person is a threat.
If you are the subject of an intervention order, 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.
Child Contact and AVOs
On occasion, the Family Court will make an order which creates a conflict with a family violence order. Under the Family Law Act, parties are allowed to come into contact for delivering or collecting a child and for enabling family conselling, dispute resolution, or other court events.
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).
If you are facing a family violence order, 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.
Restraining Orders Articles
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...
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.