AVO's
&
Physical Assaults

Apprehended Violence Orders (AVO's)

An AVO under the Crimes Domestic and Personal Violence Act 2007 is not a conviction nor are you considered to have a record should one be imposed. However a breach of any of the wide sweeping orders, even a mere technical breach, is a criminal act penalised by criminal legislation.In the alternative an apprehended violence order (AVO) may be appropriate if you are experiencing harassment, molestation, intimidation, stalking or violence. Penalties are significant for example, stalking and intimidation convictions (section 13) carrying maximum penalties of imprisonment for 5 years.

AVO proceedings are conducted in the Local Court. Interim Orders often suffice in the short term offering adequate protection of the law. Be aware the combined use of mirror bail conditions when charges are proffered with Interim Orders can result in defendants being imprisoned for a technical breach of a condition. Bail is regularly refused until the matter is heard with defendants forced to apply to the Supreme Court for bail as a last resort. It is our policy to challenge all oppressive orders and we do not accept the imposition of the 'usual orders' unless there are strong grounds.

AVO's restrict relationships in dramatic ways that may affect the defendant's job, security licence - gun ownership, and most importantly breaches result in criminal charges even for mere technical breaches. AVO's are often unscrupulously used by litigants to put pressure on the other party and we are often engaged in defences of what often become vexatious allegations of breaches. Most frequently AVO's are used in this way when there are related family law proceedings.

J.I.R.T. (Joint Investigation response Team) has extensive powers to intervene in the lives of families when allegations are raised in relation to children. Allegations of a serious criminal nature (and trivial matters) are rigorously pursued by zealous detectives and DOCS workers. In the case of real allegations their work is beyond scrutiny however they often are misguided. The outcome is threefold - JIRT tactics often result in three "independent" actions all run by JIRT with one aim - to remove children from families:
A Local Court Criminal Charge and/or A.V.O.;
Family Law Court applications; and
Care Proceedings in the Children's Court.

Challenging Care Plans and Final Orders sought by DOCS to take your children from you into another's care is an arduous process. Close consideration often relevant legislation and allegations is required. We are experienced in Care matters. For more information about Care matters visit the NSW Children's Court.

From Common Assault

We are available to be retained to appear in all assault matters. A common assault under section 61 of the Crimes Act 1900 NSW is one of the most often laid assault charges and is considered to be at the lower end of the scale of seriousness. Assaults on police are also frequent and occur in the course of an arrest. The elements of an assault are simply stated. Assaults can comprise either an assault by putting the victim in fear of imminent physical harm or (using common terminology) a battery where a person applies physical harm to the the victim. The mental element of an assault is the intention to cause apprehension or recklessness. The act of assault is that the victim was actually put in fear. It may be necessary to show that a person of reasonable firmness would be put in fear. For example, mere words used over the telephone may constitute assault but there must be a threat of violence which can be immediately be carried out. Also spitting on someone constitutes a battery. A Common Assault is an offence which carries a maximum penalty of 2 years gaol.

More serious is an offence under section 59 known as AOABH - Assault Occasioning Actual Bodily Harm. Amongst the elements to satisfied to be found guilty is if a person recklessly or intentionally assaults someone and bodily harm results. AOABH carries a gaol penalty of up to 5 years, and 7 years if committed whilst in company.

Continuing up the scale of serious are offences that constitute grievous bodily harm - GBH. This means inflicting an injury of a really serious kind and has a broad definition. Assaults with weapons such as glass, knives or guns increases the seriousness of the charges and if found guilty the penalty - usually gaol. Being in the company of other people whilst committing assaults is an escalation of assaults.