AVO Lawyer Central Coast
Apply for or Defend an Apprehended Violence Order
Apprehended violence orders (AVOs) are put in place by the court to protect a person from violence, harassment or intimidation from someone else.
A person who has an AVO taken out against them may be restricted from contacting the complainant or keep a certain distance from their home or work.
If you apply for an AVO and it’s successful, the defendant doesn’t receive a criminal record unless the AVO is breached which will be considered a criminal offence.
Contact us today for more information on applying for an AVO or defending yourself against one.
If you believe your safety is at risk, speak to our criminal defence lawyer’s in Gosford on the Central Coast.
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Types of AVO's
There are two types of AVOs that you can apply for.
An Apprehended Domestic Violence Order (ADVO) is applied when a domestic relationship between both parties is involved.
If you have experienced violence or fear for your safety from someone other than a partner, an Apprehended Personal Violence Order (ADVO) applies.
Apply for an AVO
AVOs can be applied for privately through the local court or through the police.
However only the police can apply for an AVO for a child. If you are in need of immediate protection, we recommend seeking an AVO from the police.
If you are applying for an APVO, the court may require a mediation session unless the defendant has a history of physical violence, is accused of stalking and intimidating the applicant or mediation was tried and failed in the past.
To apply for an AVO, you will be required to provide information for the reasons why you are applying. This can include information about drug use, mental health or if either party owes money.
You will then be required to sign a statement claiming the information you have provided is truthful. Giving false or misleading information is considered an offence.
Once the application has been served to the defendant, a court date will be provided. The applicant must prove to the court that there are genuine fears their safety is threatened by the defendant and there are reasonable grounds for these fears.
Applying for an AVO and appearing in court can be stressful, overwhelming and frightening.
Contact Spencer Lawyers today and we’ll act on your behalf to help relieve you of anxiety throughout the application process.
Defending an AVO
Have you been served an AVO based on false or misleading information? Our criminal defence lawyers can help fight against unwarranted AVO claims.
We'll need to prove that the applicant does not have genuine fears for their safety and that there are no reasonable grounds of the fears to exist.
We'll defend your case to have your AVO withdrawn. Alternatively you may be required to undertake written negotiations to promise the court that neither party will engage in the accused behaviour.
If you've been given an AVO, get the defence you need with Spencer Lawyers, your local legal experts on the Central Coast.
Contact us about defending an AVO.
What Happens When an AVO is Breached?
Contravening an AVO is considered a criminal offence and can result in imprisonment for up to 2 years with a maximum fine of $5,500.
If an AVO has been breached with an act of violence, the court needs a very good reason to not imprison the defendant.
Alternatively, if there is an attempt to contravene the AVO, that person is considered guilty as if the offence attempted had been committed.
If you have been charged with breaching an AVO, make an appointment with Spencer Lawyers in Gosford today.
We'll work hard to help you put forward the best possible defence for your case.
Frequently Asked Questions
Can I challenge an AVO even if no criminal charges were laid?
Yes. AVOs can be contested in court, even if no criminal offence has been committed.
What happens if an AVO is taken out against me but I need to see my kids?
Some AVOs include exemptions for family court orders, but you may need legal advice to negotiate access.
Do I get a criminal record if someone takes out an AVO against me?
No. An AVO itself is not a criminal conviction, but breaching one is a criminal offence.
