Facing an Apprehended Violence Order (AVO) in New South Wales can feel overwhelming, especially if you’re unsure of your rights or next steps. Whether the AVO is provisional, interim or final, how you respond can significantly impact your situation. It’s crucial to approach the process with a clear understanding of what being a subject of an AVO entails, and the legal options available to you.
You might be wondering whether to accept the order, contest it or to seek legal advice. Each choice comes with its own implications, so knowing how to navigate the system is key. By taking the right steps early on, you can protect your interests and ensure that you are handling the matter effectively.
Key Takeaways
- An Apprehended Violence Order (AVO) in NSW is a legally enforceable order containing compulsory and supplementary terms to protect the complainant. Breaching an AVO has severe legal consequences.
- When issued an AVO, you can choose to accept it without admissions, contest the AVO, negotiate the terms, or seek legal advice to understand your options.
- Any response to an AVO involves some Court proceedings that require proper preparation and understanding of the procedural steps.
- Violating an AVO is a criminal offence with penalties such as a criminal conviction, fines, imprisonment, and long-term impacts on employment, reputation, and potential family matters.
- Complying with an AVO is essential to avoid further consequences and acting strategically is key to protecting your rights and interests.
Terms of an Apprehended Violence Order (AVO)
An AVO in New South Wales establishes conditions designed to protect the complainant. These conditions are legally enforceable and breaching them can lead to criminal charges.
Mandatory Condition: –
Under the compulsory terms of an AVO, you must not engage in specific prohibited conduct towards the protected person or anyone they have a domestic relationship with. These include:
- Assaulting or threatening the protected person;
- Stalking, harassing, or intimidating the protected person; and
- Deliberately or recklessly destroying or damaging any of their property.
These terms apply universally in every AVO issued.
Supplementary Conditions: –
Depending on the situation, additional orders can be imposed to address specific risks or circumstances. Some common supplementary orders include prohibiting you from:
- Residing at the family home.
- Contacting the protected person directly, except through a lawyer.
- Approaching within a specified distance of their residence, workplace, or school.
- Being in their company for at least 12 hours after consuming drugs or alcohol.
- Possessing firearms or prohibited weapons.
- Attempting to locate the protected person.
Non-compliance with supplementary or compulsory orders carries serious legal consequences.
What Are My Options When Issued an AVO?
Facing an Apprehended Violence Order (AVO) in NSW presents several options depending on your circumstances. Each course of action has specific legal and personal implications.
1. Consent Without Admissions
Agreeing to the AVO without admitting to the allegations protects you from extensive Court proceedings. This means the order becomes enforceable, but you’re not admitting guilt or liability. It’s a common option when you wish to avoid further legal conflict.
2. Contest the AVO
You can contest the order if you believe it’s unjustified or based on false claims. This involves attending a Court hearing where evidence is presented by both sides. The Court decides whether to dismiss the AVO or make the order final at the end of this hearing.
3. Negotiate the Conditions
You may seek to modify the terms of the AVO by negotiating with the applicant (if contact is permitted by the order) or their representative. Altering restrictive conditions could allow a relationship to continue while protecting the applicant’s safety.
4. Seek Legal Advice
Consulting a solicitor ensures you understand the implications of each option and the obligations this order places on you. A legal professional can review the evidence and advise you on the prospects of success if contesting the AVO or negotiating its terms.
5. Comply with the AVO
Adhering to the conditions of the order avoids further legal consequences. Breaching the AVO is a criminal offence.
Understanding these options allows you to approach the situation strategically while protecting your legal rights.
What Occurs in Court Regarding an AVO?
The Court process for an Apprehended Violence Order (AVO) in New South Wales (NSW) involves several key steps. It differs depending on whether you consent to the order or contest it.
Court Attendance
You sign in with the Court officer upon arriving at the Courthouse. If the police are involved, the Domestic Violence Liaison Officer (DVLO) will speak with you or your legal representative. If you have hired a lawyer, they’ll manage communication with court officers.
If you are contesting the order, the Court will establish a timetable for the prosecution and defence to file their material. This is an important stage, any material not filed in accordance with the timetable will need the leave of the Court to be considered.
You may request an adjournment to secure legal advice or prepare your case. The next Court date acts as a compliance mention, ensuring all statements are served and the matter progresses. A subsequent date will be set for a hearing.
Hearing Schedule
During the hearing, the police or the applicant present their case first. Your matter’s scheduling depends on the volume of cases listed for that day, and priority may be given to those with legal representation. If your case is not heard, the Court reschedules it.
Court proceedings are formal, requiring appropriate attire and behaviour. The process adheres to legislation like the Evidence Act 1995 (NSW), which governs admissibility. Evidence and arguments must meet legal standards to be considered. Review our article on “attending court” for detailed guidance.
Implications of Breaching an AVO
Contravening an Apprehended Violence Order (AVO) in New South Wales constitutes a criminal offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007. Breaching any of the conditions set by the AVO exposes you to significant legal repercussions.
Legal Consequences
Criminal Charges: Police may charge you with “contravene apprehended violence order,” leading to a criminal record if convicted. Court-imposed penalties reflect the seriousness of the breach.
Bail Implications: This is an offence that Police will normally refuse you bail because of. This means you will spend an extended period in custody until a release application can be made on your behalf.
Imprisonment: Maximum penalties include imprisonment for up to 2 years.
Fines: Courts can impose monetary fines of up to $5,500, serving as an additional consequence for non-compliance.
Impact on Personal and Professional Life
Employment: Having a criminal record for the breach of an AVO can hinder job prospects, especially in roles requiring background checks or trust-based positions. Being listed as the defendant in a AVO will also have implications in certain industries, regardless of whether you are charged with breaching the order. Examples of this include the military, emergency services or mining.
Child Custody: Courts may reassess parental access during custody proceedings, prioritising the safety of children if breaches are related to domestic situations.
Reputation: Ongoing legal issues can damage your reputation, creating strained relationships with family, friends, or professional networks.
Bail and Future Legal Restrictions
Breaching an AVO often complicates future legal proceedings. Courts may deny bail or impose stricter conditions on release, limiting your mobility or personal interactions until the resolution of new charges. Judges may also consider previous violations when determining penalties for subsequent offences.
Understanding the implications of AVO breaches allows you to act within the law, ensuring compliance with the conditions outlined in the order.
Let Conditsis Lawyers Newcastle Help You.
Facing an AVO in NSW can be overwhelming, but you don’t have to navigate it alone. Conditsis Lawyers in Newcastle specialise in providing tailored legal advice and representation to help you understand your rights and options. Whether you are considering consenting to the order, contesting it, or negotiating its terms, our experienced team ensures your interests are protected.
With a deep understanding of the legal process, we will guide you through every step, from preparing your case to representing you in Court. Our expertise can make a significant difference in achieving the best possible outcome while minimising stress and uncertainty. Don’t leave your future to chance — seek professional support to handle your AVO matter effectively.
