Facing an Apprehended Violence Order (AVO) in New South Wales can have significant consequences on various aspects of your life. Understanding the legal implications and seeking appropriate legal advice is crucial to navigate this complex situation effectively.
If you are charged with a domestic or personal violence offence, it is likely that the police will also apply for an AVO, naming you as the defendant and the complainant as the protected person. These orders can include a range of conditions, such as restrictions on contacting the protected person or attending certain locations.
Importantly, police can apply for an AVO even if no criminal charges are laid. In addition, a private individual may also apply for an AVO if they claim to fear for their safety.
It is essential to understand that the legal test the court uses to determine whether to make an AVO is different from the test used in criminal proceedings. As a result, an AVO can be granted even if there is not enough evidence to support a criminal conviction.
If you are named as the defendant in an AVO application, it is crucial to seek legal advice. There can be serious consequences, including impacts on your living arrangements, employment, and family relationships, as well as restrictions on firearm ownership.
