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There are two types of Apprehended Violence Orders (AVO) that Penrith AVO Lawyers can assist you with:
1. ADVO (Apprehended Domestic Violence Order)
this type of AVO relates to the protection of persons in a domestic relationship (e.g. spouse, ex-partner, children, parents)
2. APVO (Apprehended Personal Violence Order)
this type of AVO related to the protection of persons where they are not in a domestic relationship (e.g. co-workers, neighbours etc)
What does an AVO do?
An AVO aims to protect a person from:
- Threats of violence
- Property damage
- Threatened property damage
Who applies for an AVO?
Generally, the NSW Police will apply for an AVO, but in some circumstances, an application can be made by the person seeking protection when the Police refuse to assist.
When can I apply for AVO?
If you or anyone else is in immediate danger- call 000.
However if there is no immediate danger and you are a victim of physical assault, sexual assault, threats of physical or sexual harm, stalking, intimidation and harassment and you fear for your safety and reasonably believe that the behaviour of the perpetrator will continue you should go to the Police to seek an AVO.
Intimidation, harassment and stalking can be in person or by way of telephone calls, text messages, emails or through social media.
The Police will take a statement from you and issue an Interim (temporary AVO) to protect you until the final AVO is heard by the Court.
Defending an AVO
If you have been served with an application for an AVO you can:
- Consent to the AVO (agree) – on a without admissions basis (this means you agree to the AVO but don’t agree to what the statement says)
- Give the Court an undertaking (i.e. not to act in a certain way)
- Make a cross-application
- Challenge/oppose the application
The first step is to call Amanda Little & Associates and discuss with your lawyer the best option for you based on your circumstances.
Your lawyer will then explain the process to you and what to expect as part of the process.
The effect of AVO’s on family law matters
It is extremely important that if you are going through a family breakdown or you are separated that if you are served with an AVO, that you immediately seek experienced legal advice – as the outcome of your AVO matter will affect the arrangements that may be put in place for your children to spend time with you.
The Family Law Act 1975 Cth defines Family Violence under s.4. and if the court determines that you have perpetrated family violence this will affect the arrangements that are put in place for your children.
This is why having a lawyer who understands family law and criminal law is so important.
Breach of AVO
If the defendant to an AVO breaches an AVO (doesn’t comply with the conditions as set out in the AVO) this is a criminal offence. It must be reported to Police and the Police will action the breach by way of bringing criminal charges against the defendant.