AVOs

Specialist AVO and Domestic Violence Lawyers Serving Nowra, Batemans Bay, the Southern Highlands, and Queanbeyan

An Apprehended Violence Order (AVO) is a court-issued mandate designed to protect individuals who fear for their safety. While an AVO is a civil order, a single breach can result in immediate criminal charges, a permanent record, and potential imprisonment. Whether you have been served with an AVO or require one for your own protection, securing a specialist lawyer is essential to navigating these high-stakes proceedings.

At Douglass & Ford, we provide expert representation for both applicants and defendants in AVO matters. With over 20 years of combined experience, our solicitors understand the intersection between AVOs, criminal charges, and family law. We provide clear, strategic advice to ensure your rights are protected and your side of the story is heard in court.

How we can help you with your AVO matter

We understand that AVO proceedings are often emotional and legally complex. Our priority is to achieve a fair resolution through:

• Defending False Allegations: If an AVO has been served against you based on false or exaggerated claims, we provide a rigorous defence to have the application dismissed.
• Negotiating Conditions: We often negotiate with the police or private applicants to amend restrictive conditions, ensuring you can still work or maintain contact with family where appropriate.
• Applying for Protection: If you are a victim of abuse or fear for your safety, we handle the application process with sensitivity, ensuring the court implements the necessary protections.
• Representing You in Court: From the first mention to a final contested hearing, we act as your advocate, cross-examining witnesses and presenting evidence on your behalf.
• Managing AVO Breaches: If you have been charged with breaching an AVO, we provide a strong criminal defence to help you avoid a conviction and a criminal record.
• Applying for Legal Aid: We are proud members of the relevant legal panels, ensuring high quality representation is accessible for those in vulnerable positions.

Understanding the types of AVOs

In New South Wales, there are two distinct types of orders depending on the relationship between the parties:

1. Apprehended Domestic Violence Order (ADVO): Issued when the people involved are or were in a domestic relationship (family, partners, or housemates).
2. Apprehended Personal Violence Order (APVO): Issued when there is no domestic relationship, such as disputes between neighbours, colleagues, or strangers.

Consequences of an AVO

While having an AVO made against you is not a criminal conviction, it carries significant long-term implications:

• Employment: Certain industries (security, childcare, or government) may be impacted by the existence of an active order.
• Criminal Risk: Any allegation of contact or conduct that violates the order can lead to a criminal charge of “Contravene AVO.”
• Family Law: An AVO can significantly impact parenting arrangements and your time spent with children in the Family Court.
• Firearms Licences: Any firearms licence you hold will be automatically suspended or revoked.

Factors the court considers

When determining whether to make a final AVO, the Magistrate will look at:

• Reasonable Fears: Does the protected person actually fear the defendant, and is that fear reasonable in the circumstances?
• Safety and Wellbeing: Is an order necessary to ensure the safety and protection of the person seeking it?
• Past Conduct: Is there a history of violence, intimidation, or stalking between the parties?
• Proportionality: Are the requested conditions necessary, or are they overly restrictive for the situation?

Common AVO related matters we handle

• Police Enforced AVOs: Representing defendants when the police have applied for an order on behalf of a person.
• Private AVO Applications: Assisting individuals in launching their own private applications for protection.
• Variations and Revocations: Applying to the court to change or delete specific conditions of an existing order as circumstances change.
• Appeals: Representing clients in the District Court to appeal the making of an AVO or a refusal to grant one.

Queanbeyan & Monaro

• Jerrabomberra
• Googong
• Bungendore
• Braidwood
• Cooma
• the surrounding Snowy Monaro district