AVO's

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 orders and we do not accept the imposition of the 'usual orders' unless there are strong strategic 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.