EXPERIENCED AVO LAWYERS IN NEWCASTLE AND SYDNEY

An AVO is a court-issued order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) that imposes restrictions on a person (the defendant) to protect another person (the protected person) from violence, threats, harassment, or property damage. AVOs aim to prevent harm by setting conditions that limit the defendant’s behaviour, such as prohibiting contact or approaching the protected person.  An AVO can be sought by any person who can reasonably evidence that the order is necessary, or by the police at the same time as laying criminal charges.  It is important to remember that an AVO order is civil law in nature and does not lead to a criminal record unless it is breached; however, an AVO being made against you has the potential to impact your employment or other areas of your life. If you are faced with an AVO, seeking legal advice from our Newcastle and Sydney AVO Lawyers is imperative to ensure you are fully informed about any impacts that may arise and your options. Below, we discuss some of the different orders that operate in NSW. 

An APVO applies to non-domestic relationships, such as neighbours, colleagues, or strangers. If you have raised your concerns with the Police, and they have not taken the order out on your behalf, you can take the order out directly with the court; this is referred to as a "private application". Before you contact the court about making a private application for an AVO, legal advice is important, as your reasons need to meet certain legal requirements.  If you make a private application and do not follow the correct procedure or pitch the incorrect legal arguments, and lose in court, you may be ordered to pay the defendant's legal costs. Advice early can save you from a failed application and a large cost bill. 

An ADVO applies to domestic relationships, such as partners, ex-partners, family members, or housemates, and to any relationship defined as a domestic relationship at law, including ex-partners of your current partner. An ADVO can be applied for as a private application if the police will not take action; however, this is rare and will generally be laid by the police, with or without charges, if a domestic complaint has been made.  If you are faced with an AVO in a domestic situation, this can have significant impacts on where you can live and any contact with children that you share with the protected person. Our lawyers are experts in handling ADVO orders and can provide you with comprehensive guidance to achieve the best possible outcomes. 

• AVOs can affect the relationship between parents and their children and parental time and visitation arrangements. 
• AVOs can affect where you can live or where you can go. 
• AVOs significantly affect a person’s ability to possess firearms or a firearms license. 
• AVOs can affect some employment opportunities that require disclosure. 

If you need legal assistance regarding an AVO, get in touch with one of our AVO Lawyers today.