Between July 2022 to June 2023, in the Blacktown Local Government Area 1248 Apprehended Violence Orders (AVO) were issued according to the NSW Bureau of Crime Statistics and Research. From the 1248 AVOs, 1198 where domestic violence related and 50 were personal violence related. This article explores the types of AVOs, and the role of lawyers in AVO matters and breaches of AVOs from the perspective of a Blacktown AVO lawyer.
What Is an AVO?
A AVO is a civil order which aims to modify the behaviour of an individual to protect another person from violence, harassment or abuse directed towards them from the particular individual. The mechanisms of application and operation of AVOs are governed by Crimes (Domestic and Personal Violence) Act 2007 (CDPVA).
Types of AVOs
There are two types of AVOs:
1. APPREHENDED DOMESTIC VIOLENCE ORDER | ADVO
Apprehended Domestic Violence Order (ADVO) apply to people who are or were in a domestic relationship, and
2. APPREHENDED PERSONAL VIOLENCE ORDER | APVO
Apprehended Personal Violence Order (APVO) apply to people who are not in a domestic relationship.
People in domestic relationships include:
- Partners whether married or de facto,
- People with intimate personal relationship, or
- People living in or having lived in the same household,
- or Relatives
Who can apply?
An individual can apply for an Apprehended Violence Orders (AVO) by application to the Local Court or CDPVA allows NSW Police to apply on behalf of person in need of protection (PINOP).
The NSW Police have the power to apply to the Local Court for an AVO and issue a provisional AVO which will be binding on the Defendant until the matter is decided by the Court.
If you have been issued with a provisional AVO or an AVO application, you should seek legal advice.
Role of an AVO Lawyer
Many lawyers who practice criminal law also practice in the area of AVOs as most often provisional AVOs issued by the Police also include criminal charges. The following are some of the roles of AVO lawyers Sydney:
Legal Advice: They can review the AVO application and evidence in support of the application and provide legal advice as to whether the AVO should be defended or consented to on a without admissions basis.
Preparing statements: They can assist in preparing the defendant’s evidence to defend the AVO.
Negotiation: In some cases, AVO lawyers may engage in negotiations with the Domestic Violence Liaison Officers or the NSW Police on the conditions of the AVOs.
Court Representation: They can represent the defendant in the court proceedings and defend the making of AVOs.
Breach of AVOs
While the making of an AVO does not lead to a criminal record for the Defendant, any breaches may constitute a criminal offence contrary to section 14(1) CDPVA which carries a maximum sentence of up to 2 years jail and/or fines of up to $5,500.00.
If the breach of AVO includes actual violence, the Courts are mandated to impose a custodial sentence on finding of guilt unless the Court thinks otherwise.
Conclusion
An AVO is a strong order and breaches may lead to serious consequences including imprisonment. For a free confidential consultation with a AVO Lawyer in Blacktown contact AMA Legal.
