AVO - Apprehended Violence Order
Apprehended Violence Orders are serious matters and come before the Courts frequently. Having an AVO taken out against you can lead to grave consequences.
Being the subject of an AVO can impact your close relationships, your reputation, your future job prospects and your ability to travel to some countries may also be impacted.
Having an Apprehended Violence Order in place against you does not mean you have a criminal record. However, to contravene or breach an AVO may lead to a criminal charge.
If you plead guilty or are found guilty of breaching an AVO, it will result in a criminal record unless you receive the benefit of Section 10 or a non-conviction Conditional Release Order under the Crimes (Sentencing Procedure) Act.
Can I dispute an AVO?
Before going to Court, you should seek legal advice to fully understand what will happen if you consent to an Apprehended Violence Order and what will happen if you decide to dispute or defend the AVO application.
At the first Court date, you will be asked whether you consent to the orders being sought. If you wish to challenge the AVO, the matter will be adjourned to a later date for a “show cause” hearing. If the matter is defended, an Interim Order will usually be put in place until the matter is finalised.
Can an AVO be dropped?
It depends if the AVO is a private AVO (made by the complainant) or a Police AVO. If a private AVO, then the complainant can withdraw the AVO. If the latter is in the Police hands, it cannot be withdrawn at the complainant’s request.
Can the Police withdraw an AVO?
Police policy requires the Police to press charges against an accused related to a domestic violence offence. The Police may press charges by using Police observations only and don’t necessarily require a statement from the person who needs protection. The Police can rely only on the 000 call (for example).
The reason for this is to protect legitimate victims of domestic violence who would then defend their abuser after the offence was committed. The victim could withdraw the AVO, only for the abuser to commit a domestic violence offence again. For this reason, the Police are empowered to act on behalf of the alleged victim. Unfortunately, this makes the situation difficult when a false or illegitimate complaint has been made.
When may the Police drop an AVO?
- Where the protected person has not made a statement and/or where evidence is insufficient to substantiate making an AVO;
- Where the protected person has moved outside of NSW and has no more reason for an AVO;
- Where the protected person can be shown to be telling lies.
Note that it is not that easy to withdraw an AVO. The Police will not withdraw an AVO simply because the person who needs protection has changed their mind. Even if 1 of the above 3 circumstances are present, the AVO may still be made.
How do I withdraw a (Private) AVO?
You need to complete and lodge an “Application to Vary or Revoke Apprehended Violence Order” Form, available from the Local Court (not available online).
After filing the form, the Court Registry will list the application for a mention date when the Registrar or Magistrate will consider the Application.
What happens if the other party objects?
If the other party objects to the application to vary or revoke the Apprehended Violence Order, you will be required to prepare written statements as to your position. The Application will then be listed for hearing where either you, the protected person and any witnesses will give oral evidence.
What are the implications of an AVO?
If you have an AVO, you will not be able to hold a firearms licence for 10 years. You may also be prevented from working in the security industry and obtaining a security licence.
Will an AVO appear on my criminal record?
No.
However, if there is an associated charge (e.g. common assault), then in the event that you are convicted on that charge, you will receive a criminal record.
What happens if I breach an AVO?
If you have breached an AVO, you have two options.
1 - PLEAD NOT GUILTY. To be charged with this offence, the Police or applicant must prove that you knowingly contravened a restriction or prohibition specified in an AVO. If it cannot be proven beyond reasonable doubt that you knowingly breached the AVO, then you will be found “not guilty” of the offence.
Even if it can be proved that you knowingly contravened the AVO, there are several defences available, and you may still be found “not guilty” if these can be established.
2 - PLEAD GUILTY. If you agree with the charges made against you, it is in your best interest to plead guilty. Pleading guilty will show remorse and contrition to the Court and may entitle you to a discount on your sentence.
The maximum penalties for breaching an AVO is 2 year’s imprisonment and/or a $5,500 fine, however, contravening an Apprehended Violence Order is often dealt with pursuant to Section 10 or Section 9 of the Crimes (Sentencing Procedure) Act with no conviction recorded.
If there are aggravating factors involved in the breach of AVO, such as stalking, intimidation, assault or violence, unless the Court orders otherwise, a jail term is not unusual.
We are here to help
Fourtree Lawyers have extensive experience assisting clients on the Central Coast with matters related to Apprehended Violence Orders in Court.
Our lawyers can explain and guide you through the entire Court process and work with you to minimise the legal ramifications of your offence.
Instructing a lawyer to act on your behalf will ensure you fully understand your position and your options. It will assist you in getting the best possible results for your particular case.
Contact our Central Coast Lawyers on 1300 529 444 as soon as possible. The earlier we can start building a strong case for you, the higher your chance of getting a good outcome.
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In NSW the following penalties can be imposed by the Court for breaching an AVO:
- Section 10 (1)(a)
- Section 10 (1)(c)
- Conditional Release Order - without conviction
- Section 10A
- Fine of up to $5,500
- Conditional Release order - with conviction
- Community Correction Order
- Intensive Correction Order
- Up to 2 year’s imprisonment
To find out which likely penalties apply call our AVO specialists 0n 1300 529 444 for a free case assessment
If you have been charged with Contravene an AVO we will make submissions to the Court outlining the reasons for the breach including any exceptional circumstances particular to your case.
Possible defences for breaching an AVO may include:
- Duress - where the applicant threatens you to make contact and breach the AVO
- Necessity - where the breach of AVO happened to attend mediation or recover property
- Self-defence - where you needed to breach the AVO to defend your children or your property
To find out if any of these defences apply call our AVO specialists 0n 1300 529 444 for a free case assessment
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Court Results
Section 10(1)(b) | 2 x Contravene prohibition/restriction in AVO | Gosford District Court
Our client, a 19-year-old male living on the Central Coast with his grandmother, was charged with 2 x Contravene prohibition/restriction in AVO. The maximum penalty for this offence is 2 years imprisonment and a fine of $5,500.
Our client grew up in a single-parent household and suffered abuse when he visited his father every second weekend. Our client has taken extensive steps to try and recover from the abuse. Our client is now an active member of society, holding down two jobs and studying at TAFE. His family and employers regard him to be a compassionate and kind person. Our client had initially represented himself in court, and the Local Court Magistrate convicted our client and ordered a section 9 Good Behaviour Bond for a term of 2 years. He was most distressed to have a criminal conviction and came to us for help. We lodged a severity appeal to the District Court. Solicitor Kevin Vierboom made extensive submissions to support the appeal. Following consideration of these submissions, the Judge dismissed the charges and ordered a section 10(1)(b) Good Behaviour Bond for the term of 12 months.
Our client and his family were extremely relieved to have the original criminal conviction dismissed.
Charge Dismissed & AVO Withdrawn | Stalk/Intimidate | Gosford Local Court
Our client is a 26-year-old male who lives on the Central Coast. He is employed as a metal fabricator. He had been in a domestic relationship with a partner which had recently broken down.
After an evening out together to reconcile the relationship, a disagreement took place, and the parties went their separate ways. Later in the evening, our client alleged that our client caused the other party to be fearful, and he was charged with stalk/intimidate, intend fear, etc., harm (domestic). This offence carries a maximum penalty of 2 years imprisonment and a $5,500 fine.
Our client instructed us that he was “not guilty” of this offence, and the matter was set down for hearing. Solicitor Kevin Vierboom made submissions to the Magistrate that the Police had no evidence to support the allegations. The Police Prosecutor conceded that they had no evidence, and the charge was dismissed, and the AVO was withdrawn.
Our client was pleased to retain his clean criminal record and not have to deal with the consequences of an AVO.
Not Guilty, Charge dismissed | Contravene Apprehended Domestic Violence Order (ADVO) | Wyong Local Court
Our client, a Newcastle resident, was charged with contravening prohibition/restriction in AVO (domestic). The maximum penalty for this offence is 2 years imprisonment and a fine of $5,500.00.
Our Solicitor vigorously cross-examined the complainant and the Officer in Charge in this matter and, in his cross-examination, emphasised the lack of forensic evidence in relation to the alleged offence.
Following consideration of the matter, the Magistrate held that our client is not guilty, and the charge was dismissed. A Final AVO was made by consent on a without admission basis.
Our client was extremely relieved with the outcome of this case.
No conviction CRO | Stalk/Intimidate; Destroy or Damage Property | Gosford Local Court
Our client is a 30-year-old male who lives on the Central Coast. He is employed as a sports instructor for children with disabilities.
Our client’s partner ended their relationship abruptly. While attempting to collect his personal property in a carpark, an altercation took place, and our client was charged with destroying/damaging property and stalking/intimidation with intent to cause fear of physical/mental harm. These offences carry a maximum penalty of 5 years imprisonment. Solicitor Kevin Vierboom submitted to the Magistrate that this was his first appearance before any court, our client's previous good character and contribution to the community.
The Magistrate found our client guilty without recording a conviction and ordered that he enter a Conditional Release Order for 24 months. Our client was very relieved to retain an unblemished criminal record so that he could continue working with children.
APVO Application | Application Withdrawn | Newcastle Local Court
Our client is a 56-year-old male that resides in the Newcastle Area. He works full time as a traffic controller.
Our client had been living in his residence for 3 years when his current neighbour moved in. A dispute began between the two and only got worse as time went on. His neighbour had made an application for a Private Apprehended Violence Order (APVO) with no evidence of any wrongdoing from our client. Our client had moved to another location prior to the first court appearance and we worked closely with our client to ascertain his version of events.
Our solicitor had to explain to the applicant that the grounds for the application were no longer relevant as our client had moved. If she persisted with the application, it would become a cost application and she would be responsible for our client’s legal costs. Once the applicant was made aware of the process and ramifications, she elected to withdraw the application.
Our client was relieved that he did not have to go through with the hearing of the application and was able to move past the events that took place.
www.fourtreelawyers.com.au/services/criminal-law/avo-lawyers/
Stalk/Intimidate & ADVO | Not Guilty, Withdrawn & Dismissed | Maitland Local Court
Our client is a 38 -year-old male who resides in the Hunter Valley.
At the time, our client and the victim had been separated for four months following a 17-year relationship. It was alleged our client followed the victim and their children around for a period of time. This action was triggered by a phone call between our client and his children during which the victim called our client various profanities.
The victim went to the police station to report this behaviour. Our client was arrested and cautioned soon after and an Apprehended Domestic Violence Order was applied for.
The maximum penalty for stalk/intimidate charges are two years imprisonment and/or a fine of $5500.
At a defended hearing, the complainant did not appear in court which forced the Crown to withdraw and dismiss the charge. The ADVO application made by police still stood but it was opposed and was also withdrawn and dismissed.
Our client was very pleased with this result.
Apprehended Domestic Violence Order | Withdrawn & Dismissed | Wyong Local Court
Our client is a 43-year-old female who resides on the Central Coast.
Our client and the victim had been separated for a period of two years, although they still reside together with their two children.
The victim has gone to the police regarding numerous instances where our client had allegedly physically and verbally abused the victim throughout their relationship. Towards the time of the victim reporting, he had alleged that our client was initiating arguments to get a reaction out of him as she had previously ‘threatened’ to report him to the police.
The maximum penalty for breaching an Apprehended Domestic Violence Order is a fine of $5500 and/or an imprisonment sentence of two years.
At court, our client was represented by solicitor Laura Horton, who had submitted a statement on our client’s behalf in response to what was given by the victim to police.
At a court hearing regarding this matter, the complainant was not in attendance which forced the Prosecution to withdraw and dismiss the application which was approved by the Magistrate.
Our client was extremely pleased with this result.
Contravene prohibition/restriction in AVO & Common Assault | Withdrawn & Dismissed | Gosford Local Court
Our client is a 42-year-old male who resides on the Central Coast.
Both the victim and our client had been in an intimate relationship with each other and had separated one year prior to the incident.
Our client and the victim both tested positive for COVID-19 and decided to stay together for the duration of their isolation. The victim saw the accused texting a woman but they had previously agreed they would not be talking to other interests while staying together, so our client was asked to stay elsewhere.
Our client went outside after the victim had taken the phone. The victim tried to close door but our client grabbed the door and hit the victim in the leg. Our client then stepped on victim's foot to stop her from moving away. The victim gave phone back and client left. Victim contacted police shortly after.
The maximum penalties for breach AVO is two years imprisonment and/or a fine of $5500 & Common Assault is two years imprisonment.
At court, our client was represented by Solicitor Luke Del Monte, who had made submissions to the court and provided character references for our client. However, the complainant was not in attendance and the Prosecution sought to withdraw and dismiss the charges, which the Magistrate granted.
Our client was very pleased with this result.
Client Reviews
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