Domestic Violence and AVOs/ADVOs

Domestic Violence and AVOs/ADVOs NSW

Apprehended Violence Orders (AVOs) in New South Wales are legal measures designed to protect individuals from threats, harassment, and violence. These orders are taken very seriously by the law, as they are meant to safeguard the safety and well-being of those who feel threatened. In this guide, we will delve into the legislation governing AVOs, the elements the police must prove, the court process, and how a top criminal defence lawyer in Sydney can defend against AVO applications.

Legislation Governing AVOs

In New South Wales, AVOs are governed by the Crimes (Domestic and Personal Violence) Act 2007. This legislation sets out the framework for the issuance and enforcement of AVOs in the state. AVOs primarily fall into two categories:

1. Domestic AVOs: These apply to situations where the people involved are or have been in a domestic relationship. This can include spouses, partners, family members, or people living together.
2. Personal AVOs: These cover situations where there is no domestic relationship, but the applicant reasonably fears violence, harassment, or stalking.

AVOs can be applied for by the person seeking protection, commonly referred to as the ‘protected person,’ or by the police on their behalf.

Elements the Police Must Prove

To obtain an AVO in New South Wales, the police must establish that certain elements are met. These elements typically include:

1. Apprehended Violence: There must be a genuine fear of violence, harassment, or stalking on the part of the applicant. The fear must be reasonable and based on substantial grounds.
2. The Need for Protection: The applicant must demonstrate that they genuinely need the protection of an AVO to feel safe. This requirement is essential in ensuring that AVOs are not issued frivolously.
3. Domestic Relationship or Personal Relationship: The police must determine whether the relationship between the parties is domestic or personal in nature. This is crucial in classifying the AVO.
4. Acts of Violence, Stalking, or Harassment: The police will need to provide evidence of specific incidents or behaviours that support the application for an AVO. These actions may include threats, physical violence, property damage, stalking, or any other acts causing fear or distress.
5. Substantial Grounds: The police need to prove that there are substantial grounds for believing the applicant is genuinely in fear and at risk of violence or harm. This often requires the presentation of evidence, such as witness statements, photographs, or other documentation.
6. Balance of Convenience: When seeking an interim AVO, the police must show that it is in the best interests of justice to grant the order until a final hearing is held.

The Court Process for AVOs

The process of obtaining or defending against an AVO in New South Wales typically involves several stages:

1. Application: An application for an AVO can be made by the person seeking protection (the applicant) or by the police on their behalf. The application is submitted to the local court, and a hearing date is set.
2. Interim AVO: In urgent cases, the court may issue an interim AVO without the defendant’s presence. The interim AVO provides immediate protection until a final hearing is conducted.
3. Final Hearing: At the final hearing, both parties have the opportunity to present their case. The court will consider all evidence and determine whether to make a final AVO.
4. Conditions of the AVO: If a final AVO is granted, the court will specify its conditions, which may include restrictions on contact, proximity, and behaviour.
5. Breach of AVO: Violating the conditions of an AVO is a criminal offence in itself and can result in penalties, including fines and imprisonment.
6. Duration of AVO: AVOs can be issued for various periods, depending on the circumstances and the court’s decision. They may be in place for a specific number of months or years.

Defending Against AVO Applications with the Best Criminal Lawyer in Sydney

If you are facing an AVO application in New South Wales, it is essential to seek the assistance of a skilled and experienced criminal defence lawyer in Sydney. A top-notch criminal lawyer can employ a range of strategies and defences to protect your rights and ensure a fair hearing. Some ways a criminal lawyer can help you include:

1. Challenge the Evidence: A criminal lawyer will carefully scrutinise the evidence presented by the police and the applicant. They may identify inconsistencies, errors, or false allegations and challenge the veracity of the claims.
2. Negotiate Conditions: In cases where an AVO is likely to be granted, a skilled lawyer can negotiate favourable conditions that allow you to maintain essential contact with the protected person, such as for child custody arrangements or workplace interactions.
3. Question the Need for an AVO: Your lawyer can question whether an AVO is necessary in your case, considering the specific circumstances and the applicant’s fear. If the evidence does not support the need for an AVO, your lawyer can present a compelling argument to that effect.
4. Prepare Strong Defence: A criminal defence lawyer can build a strong defence strategy to prove that the allegations are unfounded and that there is no reasonable fear of violence. They may present evidence and witnesses to support your case.
5. Cross-Examine Witnesses: Your lawyer can cross-examine the witnesses, including the applicant, to test the credibility of their statements and expose any inconsistencies or ulterior motives.
6. Advocate for Fairness: Your lawyer will ensure that the court process is fair and that your rights are protected throughout the proceedings.
7. Appeal: If an AVO is granted and you believe it was unjust, your lawyer can assist you in filing an appeal to have the order reviewed or revoked.

In conclusion, understanding Apprehended Violence Orders in New South Wales is crucial, as they can have a significant impact on the lives of those involved. AVOs are governed by the Crimes (Domestic and Personal Violence) Act 2007 and require the police to establish specific elements, including the need for protection, fear of violence, and the existence of a domestic or personal relationship. The court process involves several stages, and it is essential to have a competent criminal defence lawyer by your side to defend against AVO applications. With the right legal representation, you can ensure that your rights are protected, and a fair outcome is achieved in your case.