AVO (Apprehended Violence Orders)
- Legal Support for AVO Applications & Defences
- Clear Guidance on Your Rights & Obligations
- Expert Representation in Court
- Urgent Assistance for Immediate Protection
- Fixed-Fee Consultation
Understanding Apprehended Violence Orders (AVOs) and Related Options
An Apprehended Violence Order (AVO) is a legal tool designed to protect individuals from violence, harassment, or threats. These orders can apply in both domestic (ADVO) and personal (APVO) contexts. AVOs are not criminal charges themselves but breaching one is a criminal offence.
What AVOs Are
AVOs are court orders that prevent a defendant from engaging in certain behaviours, such as assault or intimidation, towards the protected person. They may include conditions that restrict proximity to certain places like homes or workplaces. The defendant is often prohibited from contacting the protected person or holding firearms.
What AVOs Are Not
AVOs are not criminal convictions unless breached. They do not resolve issues such as child custody or property disputes, focusing solely on preventing harm. Violating an AVO, however, does lead to criminal penalties.
Common Conditions of AVOs
- Prohibiting assault, stalking, or intimidation of the protected person.
- Restricting contact or approach to specific locations.
- Firearms prohibitions, sometimes extending beyond the AVO's duration.
Breaching an AVO
Breaching an AVO is a criminal offence with penalties ranging from fines to imprisonment. Immediate police action is taken when a breach occurs, with severe legal consequences for the defendant, including future impacts on child custody or employment. Superannuation is also considered in property settlement. We work with you to ensure you receive your fair share, based on your contributions and future needs. Our goal is to help you and your children maintain a reasonable standard of living after the settlement.
Options When Served with an AVO
- Accept the AVO: Agreeing to the terms without a court hearing.
- Consent Without Admission: Agreeing without admitting any wrongdoing.
- Contest the AVO: Challenging the order in court with evidence.
- Seek Variation: Request changes to specific conditions in the AVO.
Mitigating Factors
When contesting an AVO or in breach proceedings, you can present mitigating factors to reduce the severity of consequences, such as:
- Mental health issues.
- Lack of intent or misunderstanding.
- Personal circumstances like family responsibilities.
Evidence, character references, and your own testimony can help adduce these factors in court. Legal advice ensures these are effectively presented.
How to Deal with an AVO
- If applying: Contact the police or a lawyer. Urgent cases can result in a temporary AVO issued quickly.
- If served: Seek legal advice to understand the implications and how to respond.
- Legal Representation: Critical in navigating both applying for and responding to AVOs.
Dos and Don’ts of AVOs
- Do: Follow all AVO conditions strictly.
- Do: Seek legal assistance if you need clarification or representation.
- Do Not: Breach the AVO, as it will lead to criminal penalties.
Conclusion
An AVO is an important measure for ensuring personal safety in cases of domestic or personal violence. It is crucial to understand the order’s terms, the consequences of breaching it, and the legal options available. Whether applying for or responding to an AVO, legal advice is vital for navigating the process effectively.
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