Facing an AVO in NSW?
An AVO can affect where you live, who you can contact and how you communicate with family long before the matter is finally determined. If there are criminal charges as well, the two proceedings can overlap in ways that are confusing. We can help you understand the conditions now, protect your position and decide how the application should be handled.
How we can help you
We can review the allegations and the conditions police are seeking, explain what each condition means in day-to-day terms and represent you in negotiations or a defended hearing. Where criminal charges are involved, we consider both matters together rather than treating the AVO in isolation.
Sometimes the immediate priority is practical: returning home, seeing children, recovering property or avoiding a condition that is unnecessarily broad. We can advise on what can realistically be sought while keeping the longer-term criminal case in mind.
Before your court date
Read the application and any interim order carefully and follow every condition currently in force. Bring the application, order and police or court paperwork to your conference.
Tell us about any related criminal charges, bail conditions, living arrangements, family contact or firearms issues so the AVO and any criminal proceedings can be considered together.
What an AVO means in practice
An AVO is a court order intended to protect a person from specified conduct. Applications may be brought by police or by a private applicant, and the conditions sought depend on the circumstances alleged.
When there are criminal charges as well
An AVO and any related criminal charge are separate proceedings, even when they arise from the same allegations and are dealt with at the same court. An AVO application can also proceed where no criminal charge is laid or where a criminal charge does not result in a conviction.
Understanding the conditions
An interim or final order may contain conditions restricting contact, communication, approaches to particular places or other conduct. Any order currently in force should be followed carefully while legal advice is obtained.
How we can respond to the application
Before deciding how to respond, it is important to understand the application, the conditions sought and the evidence relied on. We can advise about the available options, negotiations about conditions and representation if the application is contested.
What an AVO can affect
An AVO itself is not a criminal conviction, but it can have significant practical consequences for living arrangements, family contact, firearms and some forms of employment. Breaching an AVO can result in a separate criminal charge.
Preparing to speak with a lawyer
Have the application, any interim order, police paperwork and your next court date available. Tell us about any related criminal charges, bail conditions or current restrictions so that the proceedings can be considered together.
Sources
Crimes (Domestic and Personal Violence) Act 2007 (NSW) — apprehended violence order provisions.
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
