At risk.

Apprehended Violence Orders (AVO's) and Other Protection Orders

An Apprehended Violence Order (AVO) may be appropriate if you are experiencing harassment, molestation, intimidation, stalking or violence. The Court proceedings for obtaining these Orders are conducted in the Local Court jurisdiction following the Crimes Domestic and Personal Violence Act 2007. Interim Orders often suffice in the short term offering adequate protection of the law. 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 of a mere technical nature. Once granted an AVO not only protects the Person In Need Of Protection (PINOP), but automatically protects all those in a domestic relationship with them in the same terms of the Order. AVO's are often 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. The Family Court is there for your genuine protection and can assist you by way of:

• Restraining Orders
• Non-Molestation Orders
• Restraint From Entering Premises Orders
• Vacate Premises Orders

If your partner has care of your children and you believe they are in danger of harm then it may be appropriate to notify D.O.C.S. Careful consideration should be made before calling D.O.C.S. as their involvement in family law proceedings can complicate matters for all parties. They must investigate all claims including one's made against yourself. In the interim while those complaints are being investigated to determine whether they have any merit, temporary actions may result in the removal of children. For example, D.O.C.S. may institute Care Proceedings in the Children's Court which override Family Law proceedings in matters where serious allegations of child abuse are made.

J.I.R.T. (Joint Investigation Response Team) has extensive powers to intervene in the lives of families. Allegations of a serious criminal nature (and trivial matters) are rigorously pursued by zealous prosecutions officers. In the case of real allegations their work is beyond scrutiny however they are often misguided and wrong. 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 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 of the relevant legislation and allegations is required. We are experienced in Care matters. For more information about Care matters visit the NSW Children's Court website.

Please note: be advised that we do not accept legally aided matters.