You hear a judge suddenly drop the word “Apprehended Violence Order granted.” But what does that mean? And if it’s directed at you, how can you defend yourself? Let’s dive into the nuts and bolts of an AVO, as criminal attorneys explain in Sydney. You’ll leave this article with clarity, strategy, and most importantly, knowledge.
What is an Apprehended Violence Order (AVO)?
An Apprehended Violence Order (AVO) is a court-issued directive. It aims to protect someone who fears violence, threats, harassment, stalking, or intimidation. The person seeking protection is called the “protected person.” The individual facing the order is the “defendant.”
In short, an AVO tells someone to stay away or behave a certain way. If breached, serious consequences follow. It does not mean a criminal record—unless you break the rules it imposes.
There are two main types in New South Wales:
- Apprehended Domestic Violence Order (ADVO)
This applies to people in close relationships. Partners, exes, family members, or those in shared homes.
- Apprehended Personal Violence Order (APVO)
This covers unrelated individuals. Think neighbours, co-workers, or even strangers.
Why Are AVOs Made?
Courts don’t issue AVOs for fun. Someone must believe they are in danger or feel persistently harassed. This fear must be reasonable. It cannot stem from imagination or minor annoyances.
Here are common reasons:
- Threats of harm
- Actual physical violence
- Emotional abuse
- Repeated messages or phone calls
- Showing up uninvited
- Property damage
- Intimidating behaviour
In many cases, the police apply for the AVO. They do this on behalf of the alleged victim. Sometimes, individuals make private applications without police involvement.
What Restrictions Can an AVO Impose?
Every AVO comes with a mandatory condition. The defendant must not assault, threaten, stalk, or intimidate the protected person.
Other orders might include:
- Staying a certain distance away
- Avoiding contact entirely (calls, texts, emails, social media)
- Keeping away from the person’s home, school, or work
- Surrendering firearms or weapons
The court tailors these conditions to each situation. The goal is safety—not punishment.
Does an AVO Mean a Criminal Record?
Here’s the crucial bit. An AVO is a civil matter. It does not create a criminal record by itself. But if you break any of its rules—even by accident—you could face criminal charges. This includes jail time.
So, if you have an AVO against you, take it seriously. Every word matters. Every step counts.
How Are AVOs Served?
Once a court issues an AVO, it must be served to the defendant. The police usually handle this. Until service takes place, the order holds no power.
Once served, you must follow the interim or final terms right away. Ignorance is not an excuse.
How to Respond If You’re Served with an AVO
Getting slapped with an AVO can be confusing and panicking. But don’t spiral. You have rights. You have options.
Option 1: Consent Without Admission
You accept the order but do not admit to the claims. This avoids a drawn-out court battle. It may also reflect well on you if you’re trying to move on.
Option 2: Oppose the AVO
You can challenge the claims. If you believe the accusations are false, misleading, or exaggerated—fight it. But prepare well. Gather evidence. Get a sharp legal mind on your side.
Option 3: Request Changes
Sometimes, the terms are too strict. Maybe you share children or work in the same building. You can ask the court to modify conditions.
How to Fight an AVO: The Smart Way
Fighting an AVO requires grit and preparation. You must prove one of two things:
- The protected person’s fear is not reasonable.
- The order is not necessary for their safety or well-being.
Step 1: Seek Legal Counsel Immediately
Do not delay. Every hour counts. A criminal attorney in Sydney knows the ins and outs. They understand how to dismantle weak evidence.
Step 2: Build Your Case
Start collecting:
- Text messages
- Emails
- Social media exchanges
- Witness statements
- CCTV footage
- GPS logs
Every detail helps. Prove that you didn’t threaten, harm, or harass. Show that the relationship was peaceful, professional, or civil.
Step 3: Attend the Mention
Your case will first appear in a Local Court for a mention. This is not the trial. It’s a chance to state your position. Oppose the order or seek time to prepare. Remain calm and respectful.
Step 4: Prepare for the Hearing
If the case goes to a hearing, both sides present evidence. Witnesses may testify. Cross-examinations occur. A magistrate decides the outcome. It’s intense, but with preparation—you stand a chance.
What Happens If You Lose?
If the AVO is granted, you must obey all conditions. Disobeying even once is serious. Penalties include:
- Criminal charges
- Heavy fines
- Up to two years in prison
An AVO can also affect:
- Child custody
- Employment in certain fields
- Travel to some countries
- Gun ownership
Think before you act. Always seek clarity about what the order allows and prohibits.
What Happens If You Win?
If the court dismisses the application, rejoice. No order is made. You walk out without restrictions. You keep your reputation intact.
But beware—false allegations may still linger. If the accusations were malicious, your lawyer might explore defamation or legal remedies.
Can an AVO Be Revoked Later?
Yes. If circumstances change, you can apply to vary or revoke the order. For example, if both parties reconcile, or the protected person no longer feels fear.
However, courts do not lift AVOs lightly. They must believe it’s safe to do so.
Can You Get an AVO Against Someone Else?
Yes, absolutely. If you feel threatened or harassed, you can apply for protection.
Go to your local police station. Explain your situation. They may help file an application. If they don’t assist, you can approach the Local Court directly.
Final Word
An AVO can damage your reputation. It can cause stress, loss of work, or separation from children. But it’s not the end of the road.
If you’ve been served with an AVO, take it seriously. But do not panic. Understand it. Challenge it if necessary. Stay composed. Act smart.
Still unsure what to do? Reach out Oxford Lawyers.
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