Apprehended Violence Orders (AVO) Wollongong
Get Help From Our Wollongong AVO & ADVO Lawyers
An Apprehended Violence Order (AVO) is a court order which prohibits a person from intimidating and approaching a protected person. They are sometimes issued on a provisional basis when you are charged with a criminal offence.
While most AVOs are taken against a domestic partner known as an Apprehended Domestic Violence Order (ADVO), they can also be taken on a personal basis known as an Apprehended Personal Violence Order (APVO) and offer legal protection from many forms of violence including physical abuse, sexual abuse and psychological abuse.
Although an AVO is not itself a criminal charge, being charged with ‘contravening an AVO’ is a criminal offence imposing a penalty of two years imprisonment and/or a fine of $5,500.
An AVO, whether imposed or consented to on a ‘without admission basis’, may impact you in several ways:
- Impact any current or future Family Law proceedings
- Require you to surrender any firearms you possess and suspend/revoke your firearms licence, as well as being prevented from obtaining a new firearms licence for 10 years following the expiration of any Final Order
- Impact your ability to work with children, your employment as a Security Guard or Police Officer
- Read about AVOs on the NSW Police website here.
If you are in need of an Apprehended Violence Order, or you have been served with an AVO and need to defend it, contact us to discuss your matter with an
experienced criminal Solicitor.
An Apprehended Violence Order (AVO) can have serious consequences on your rights, career, and family life. Seeking legal advice early gives you the best chance of challenging unfair restrictions.
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AVO & ADVO FAQs
What is an Apprehended Violence Order (AVO) and what are my options if I have been issued with one?
An Apprehended Violence Order (AVO) restricts or prohibits a person from engaging in certain activities and behaviours such as assault, threats, stalking etc. In circumstances where a person has been charged/found guilty of the offences of stalking, intimidation or a domestic violence offence then the court must impose an AVO.
If you are issued with an AVO there are three options:
- withdrawal of the complaint and the giving of undertakings,
- consenting to the AVO but without admissions, or
- moving forward to a contested hearing.
How can I get an AVO?
Most AVO applications are made by NSW Police on behalf of the person protected by the AVO. If the Police, having investigated your complaint, decided not to take action to apply for an AVO, you can make a private application for an AVO yourself at the Local Court. If you are eligible for Legal Aid, they may assist you with this process, otherwise, a private lawyer is able to help.
How can I get an AVO that was issued against me dismissed?
You or your lawyer can make “representations” to the police seeking that they withdraw an AVO. If the representations are accepted, then your AVO will be dropped, sometimes on the basis that you provide certain undertakings to the police/the court. If the representations are not accepted, then the police will want to proceed with the matter, in which case we are able to represent you in court to negotiate the terms of the AVO or to contest it. You are able to contest an AVO on the basis that there is inadequate evidence to substantiate the allegations of violence or, if the protected person (through their own independent lawyer) provides a statement/evidence expressing that they do not fear you and would like the AVO dropped.
If the final AVO is made, you can apply to change the original orders made if you believe some of the orders are no longer necessary or too restrictive.
What happens in circumstances where the victim wants to withdraw charges that were laid against you?
Once the police have charged you, there is nothing you can do to have the charges withdrawn. The police have the right to proceed with prosecution, even if the alleged victim no longer wishes to press charges. Additionally, if the victim changes their story, they could also face charges or even be found guilty of perjury if they provide false testimony in court.
In Apprehended Violence Order (AVO) proceedings, an AVO may be dismissed if the protected person fails to attend the court hearing. However, in some cases, a court may issue an arrest warrant against the protected person for failing to appear. If the protected person obtains independent legal advice, their lawyer may be able to provide a statement or evidence to the police or court, expressing that they do not fear you and wish for the AVO to be dropped.
What happens if a person breaches an AVO?
A breach of an AVO is a criminal offence. If you are suspected of breaching an AVO you can be arrested. A breach of an AVO is very serious and, if found guilty, a custodial sentence (jail term) may be imposed by the court.
