Bondi Junction AVO Lawyers

 

Whether you're applying for a Personal Violence Order or the defendant in relation to a Domestic or Personal AVO application Bondi Criminal and Family Lawyers should be your first choice when deciding which law firm to represent you.

 

We have over 19 years of practical experience as criminal defence and family lawyers.

 

We sit on the NSW Legal Aid Complex, Indictable and Summary Criminal Law Panels and the Legal Aid General Family Law Panel.

 

 AVOs

In NSW apprehended (domestic and personal) Violence Orders (AVOs) are governed by the Crimes (Domestic and Personal Violence) Act 2007 (The Act).

An AVO is a court order which protects people from physical or psychological abuse, threats of violence, property damage, or intimidation. An AVO can be put in place for individuals or groups and usually applies to both parties involved in the dispute. It can also cover other people living in the same household who may be at risk of being hurt by either party.

 

Having a final AVO made is doesn't constitute a criminal offence. AVOs are civil. Not criminal. However, they are on the cusp of criminal law and are quasi criminal.

 

However, if an interim police application for an AVO or a final AVO is breached matters become very serious and a person alleged to have breached the AVO, might be charged with contravene AVO under section 14 of the Act, which carries a maximum potential sentence of imprisonment of up to 2 years and/or a $5,500 fine.

 

Breaches of AVOs often involve domestic AVOs. However, breaches of AVOs can also occur in other circumstances.

 

Case study

Our clients is a professor who worked at a university in a discreet area of new ground breaking research saving eye sight. He had an affair with one of his staff who was studying to sit an exam at the same uni towards a promotion and  an increase in income. Our client was one of the examiners. The female employed staff member pressured our client to provide him with what was referred to by the barrister we engaged, David Alexander of Edmond Barton chambers as the 'key to the exam' when cross examining the complainant.

 

When our client refused to provide her with the answers to the exam, she retaliated by making a false report about our client to the Waverley police who arrested him on assault charges and applied for an interim Apprehended (personal) AVO.

 

Our client worked at the same university as the complainant. One of the conditions on the APVO prevented him from approaching any place where the complainant lived or worked. When he turned up at work the complainant called the police and our client was arrested and spent the night in the Waverley police station cells after being charged with contravene AVO.

 

While our client was being held in custody at Waverley police station he was provided with our practice phone number by the police and he called  us. The next morning I appeared at Waverley Court and succeeded in our client being granted bail.

 

After engaging us to appear at his defended hearing at the Downing Centre and counsel vigorously cross examing the complainant, our client was found not guilty and acquitted.

 

This goes to show how serious allegations of contravening AVOs are and that if that happens, accused people must be represented by an experienced lawyer who knows what they're doing.

 

The standard of proof in AVO hearings is on the balance of probabilities rather than the criminal standard of proof, beyond a reasonable doubt as AVOs are civil unless breached 

 

The orders are designed to prevent the person in need of protection (PINOP) from being harassed, intimidated or physically harmed.

 

Condition 1 is a mandatory provision and appears on all AVOs.

 

(A) the accused must not assault or threaten.

 

(B) Stalk, harass or intimate.

 

(C) Deliberately or recklessly destroy or damage property.

 

Additional orders can be sought depending on the circumstances.

 

Examples of these are as follows:

 

No longer allowed to reside at the family home

 

Not allowed to contact the protected person except through a lawyer 

 

Not allowed within a certain distance of the protected person's home, work or school.

 

Not allowed to be in the presence of the protected person within 12 hours of consuming alcohol or drugs 

 

Not allowed to possess any fire arms.

 

If you are in need of expert legal guidance relating to an AVO Bondi Junction Criminal and Family Lawyers are the best lawyers in Sydney. Our experienced team will provide you with comprehensive advice and assistance to ensure that your rights are protected, and any potential breaches of the order are avoided. We understand the complex nature of AVO matters and will strive to find an outcome that is fair and just for you.

Meaning of "domestic relationship"

A "domestic relationship" with another person if the person--

(a) is or has been married to the other person, or

(b) is or has been a de facto partner of that other person, or

(c) has or has had an intimate personal relationship with the other person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature, or

(d) is living or has lived in the same household as the other person, or

(e) is living or has lived as a long-term resident in the same residential facility as the other person and at the same time as the other person (not being a facility that is a correctional centre within the meaning of the Crimes (Administration of Sentences) Act 1999 or a detention centre within the meaning of the Children (Detention Centres) Act 1987), or

(f) has or has had a relationship involving his or her dependence on the ongoing paid or unpaid care of the other person (subject to section 5A), or

(g) is or has been a relative of the other person, or

(h) in the case of an Aboriginal person or a Torres Strait Islander, is or has been part of the extended family or kin of the other person according to the Indigenous kinship system of the person's culture.

The objects of this Act in relation to domestic violence are--

(a) to ensure the safety and protection of all persons, including children, who experience or witness domestic violence, and

(b) to reduce and prevent violence by a person against another person where a domestic relationship exists between those persons, and

(c) to enact provisions that are consistent with certain principles underlying the Declaration on the Elimination of Violence against Women, and

(d) to enact provisions that are consistent with the United Nations Convention on the Rights of the Child.

(2) This Act aims to achieve those objects by--

(a) empowering courts to make apprehended domestic violence orders to protect people from domestic violence, intimidation (including harassment) and stalking, and

(b) ensuring that access to courts is as safe, speedy, inexpensive and simple as is consistent with justice.

(3) In enacting this Act, Parliament recognizes--

(a) that domestic violence, in all its forms, is unacceptable behaviour, and

(b) that domestic violence is predominantly perpetrated by men against women and children, and

(c) that domestic violence occurs in all sectors of the community, and

(d) that domestic violence extends beyond physical violence and may involve the exploitation of power imbalances and patterns of abuse over many years, and

(e) that domestic violence occurs in traditional and non-traditional settings, and

(f) the particularly vulnerable position of children who are exposed to domestic violence as victims or witnesses, and the impact that such exposure can have on their current and future physical, psychological and emotional well-being, and

(f1) the particular impact of domestic violence on Aboriginal persons and Torres Strait Islanders, persons from culturally and linguistically diverse backgrounds, persons from gay, lesbian, bisexual, transgender and intersex communities, older persons and persons with disabilities, and

(f2) the intersection between animal abuse and domestic violence, and

(g) that domestic violence is best addressed through a co-ordinated legal and social response of assistance and prevention of violence and, in certain cases, may be the subject of appropriate intervention by the court.

(4) A court that, or person who, exercises any power conferred by or under this Act in relation to domestic violence must be guided in the exercise of that power by the objects referred to in this section.

Stalking or intimidation with intent to cause fear of physical or mental harm

Stalking or intimidation with intent to cause fear of physical or mental harm

(1) A person who stalks or intimidates another person with the intention of causing the other person to fear physical or mental harm is guilty of an offence: Maximum penalty--Imprisonment for 5 years or 50 penalty units, or both.

(2) For the purposes of this section, causing a person to fear physical or mental harm includes causing the person to fear physical or mental harm to another person with whom he or she has a domestic relationship.

(3) For the purposes of this section, a person intends to cause fear of physical or mental harm if he or she knows that the conduct is likely to cause fear in the other person.

(4) For the purposes of this section, the prosecution is not required to prove that the person alleged to have been stalked or intimidated actually feared physical or mental harm.

(5) A person who attempts to commit an offence against subsection (1) is guilty of an offence against that subsection and is punishable as if the offence attempted had been committed.

We have extensive experience in dealing with other orders such as APVO and ADVO. We will provide you with an honest assessment of your chances of success and will work hard to achieve the best possible outcome for you. We understand that these types of matters are often highly emotional, and we will do our best to provide you with the support, advice, and assistance you need throughout the process.

Contact us today to find out how our expert AVO lawyers can help you.

Why You Should Work with a Professional Lawyer to Handle your AVO Order

When handling an Apprehended (Personal) Violence Order, you need to ensure that you are working with a lawyer who is experienced in this area. At Bondi Junction Criminal and Family Barristers & Solicitors, we have the legal expertise and know-how to provide you with the best advice possible. Some of the benefits of working with us include:

Access to the most up-to-date knowledge and resources - We have access to the latest information and technologies to ensure that we are keeping up with the latest legal developments.

Legal resources to create customized strategies - We can create tailored strategies to ensure that your legal needs are met.

Proven expertise in AVO matters - Our team of experienced lawyers has extensive knowledge and experience when it comes to dealing with AVO matters.

Advice on all aspects of AVO matters - We provide comprehensive advice on all aspects of your intervention order.

Professional and ethical representation - We will always strive to ensure that your rights are protected, and that any potential breaches of the order are avoided.

Types of AVO Orders

At Bondi Junction Barristers & Solicitors we can assist with the following types of Intervention Orders:

Interim AVO Orders

Interim AVO Orders are court orders that are put in place to provide immediate protection until such time as a final intervention order is made.

(1) A court may, on application made in accordance with Part 10, make an interim apprehended domestic violence order or an interim apprehended personal violence order if it appears to the court that it is necessary or appropriate to do so in the circumstances.

(2) An interim apprehended domestic violence order or an interim apprehended personal violence order made on application under this Part is referred to in this Act as an
"interim court order" .

(3) An interim court order may be made by a court whether or not--

(a) the defendant is present at the proceedings, or

(b) the defendant has been given notice of the proceedings.

(4) A court may, in deciding whether to make an interim court order, admit affidavit evidence or a written statement by a police officer that is tendered on behalf of the person for whose protection the order would be made if--

(a) the person is unable, for any good reason, to be present at the proceedings, and

(b) the court is satisfied that the matter requires urgent consideration by the court.

(5) If an interim court order is made by a court--

(a) the court is to require the defendant to appear at a further hearing of the matter by the court as soon as practicable after the interim court order is made, and

(b) the court may, at the further hearing or an adjourned further hearing, make a final apprehended violence order in the same terms as the interim court order or with variations or may revoke the interim court order (whether or not the defendant appears at any such further hearing).

(6) An interim court order has, while it remains in force, the same effect as a final apprehended violence order.

Contravention Applications

If an AVO Order is breached, a contravention application can be made to the court. This involves the alleged offending party being charged with breaching the Intervention Order and a hearing to determine whether the breach did take place.

(1) A person who knowingly contravenes a prohibition or restriction specified in an apprehended violence order made against the person is guilty of an offence: Maximum penalty--Imprisonment for 2 years or 50 penalty units, or both.

(2) A person is not guilty of an offence against subsection (1) unless--

(a) in the case of an apprehended violence order made by a court, the person was served with a copy of the order or was present in court when the order was made, or

(b) in any other case, the person was served with a copy of the apprehended violence order.

(3) A person is not guilty of an offence against subsection (1) if the contravention of the prohibition or restriction concerned--

(a) was necessary in order to attend mediation under section 21, or

(b) was done in compliance with the terms of a property recovery order.

(4) Unless the court otherwise orders, a person who is convicted of an offence against subsection (1) must be sentenced to a term of imprisonment if the act constituting the offence was an act of violence against a person.

(5) Subsection (4) does not apply if the person convicted was under 18 years of age at the time of the alleged offence.

(6) Where the court determines not to impose a sentence of imprisonment, it must give its reasons for not doing so.

(7) A person is not guilty of an offence of aiding, abetting, counselling or procuring the commission of an offence against subsection (1) if the person is a protected person under the order concerned.

(8) A police officer is to make a written record of the reasons for--

(a) a decision by the police officer not to initiate criminal proceedings against a person for an alleged contravention of subsection (1) or (9) (whether or not the person is arrested), or

(b) a decision by the police officer not to proceed with criminal proceedings against a person for an alleged contravention of subsection (1) or (9),

if the police officer or another police officer suspects on reasonable grounds that the person has committed an offence against either subsection or if an alleged contravention of either subsection by the person has been reported to the police officer or another police officer.

(9) A person who attempts to commit an offence against subsection (1) is guilty of an offence against that subsection and is punishable as if the offence attempted had been committed.

Note : The Law Enforcement (Powers and Responsibilities) Act 2002 contains powers of police officers in relation to suspected offences, including a power to arrest a person, without warrant, if the police officer suspects on reasonable grounds that a person has committed an offence.

Our Services

Advising on Options for APVO and ADVO Orders

There are options for both APVO and ADVO orders that are available, and we can provide you with advice on the best options for your case. These include adjournment, mediation, variation/extension of an existing order, and interim orders.

Drafting & Filing Intervention Orders

We will work with you to develop an effective legal strategy and draft the necessary documents that are needed for filing an application for an AVO Order.

Representing Clients in Court for APVO and ADVO Applications

We are experienced in representing clients in court for both APVO and ADVO hearings. We can provide advice on the process, prepare you for the hearing, and provide support during the court appearance.

Expert Witness Testimony

We can provide expert witness testimony to support your case. This includes giving evidence in court and providing written affidavits, reports, issuing subpoenas if relevant and other documents as required to prove your case and have you exonerated.

What To Expect From Your AVO Lawyer in Sydney

When working with an AVO lawyer, there are some important things you should expect them to do for you throughout the process. They should take the time to listen carefully and thoroughly understand your situation before making any recommendations regarding how best to proceed.

Additionally, they should provide clear advice regarding all available options so that you can make informed decisions about how best to protect yourself legally.

They should also be proactive throughout proceedings and make sure that all relevant documents are filed on time, and that any deadlines are met as required by law.

How to Fight an application for an AVO?

When fighting an application for an AVO, it is important to understand the process and make sure that you are fully prepared. This includes having a strong understanding of the law and how it impacts your case.

Our AVO lawyers in Sydney are well-versed in the relevant legislation and can advise you on the best course of action when contesting an application for an AVO. We will work with you every step of the way to ensure that you have a strong defence strategy.

 

If you elect not to contest the AVO you can consent to final orders being made without making any admissions.

 

If there you have been charged by the police in a domestic violence related situation in which criminal charges have been made such as assault and plead not guilty to the criminal charges, the police application for an ADVO will follow the hearing. If you are convinced of the substantive criminal charges, it would be extremely difficult to fight having the AVO being enforced.

Choose Bondi Junction Criminal and Family for Your AVO Matter

Our expert AVO order lawyers have many years of experience in dealing with AVO matters. You can trust us to provide you with professional and ethical representation that is tailored to your individual needs.

We always strive to ensure that your rights are protected, and any potential breaches of the order are avoided, helping you achieve the best possible outcome.

 

This article was penned by David Roth, Principal Solicitor 

CALL | 24HRS | 0410270730