An Apprehended Violence Order (AVO) is a court order that aims to protect a person from another person that causes them to fear for their safety.
An AVO can protect a person from:
There are two types of Apprehended Violence Orders (AVOs):
When you are subject to an AVO, you will ultimately have two options:
When you consent to the AVO, you can do so on a “without admissions” basis which ultimately means that you are not accepting the conduct you are accused of but the conditions of the AVO. Remember that consenting to an AVO does not mean that you will get a conviction. However, breaching the AVO is a criminal offence which places you at risk of a conviction.
If you oppose an AVO, the court will adjourn the matter for a “show cause hearing”. At the hearing, the court will hear evidence from both parties and any witnesses. For a court to grant an AVO, the protected person must, on the balance of probabilities, satisfy the following:
Despite the similarities between an AVO hearing and a criminal hearing, AVO is not a criminal offence. This is evident in the lower standard of proof; balance of probabilities, in comparison with the regular standard of proof of criminal proceedings; beyond reasonable doubt.
In NSW, contravening an Apprehended Violence Order (AVO) is considered to be a serious offence carrying a penalty of imprisonment for up to two (2) years and/or a fine of up to 50 penalty units.
All AVOs have a mandatory prohibition on:
Examples of this behaviour include:
In addition to the mandatory orders, each AVO is tailored to the needs of the protected person and the Defendant and their personal circumstances. Therefore, to determine the prohibitions in place against you, you should review the Apprehended Violence Order documents carefully.
Common prohibitions available for an AVO are:
Failing to comply with any of the provisions of the AVO can result in criminal charges.
For a court to convict you of “Contravene Apprehended Violence Order”, the Police bears the onus of proving, beyond reasonable doubt that you:
Contact us today to discuss the possible penalties and defences available to your case.
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