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Apprehended Violence Order Lawyers Sydney

Trusted Domestic Violence and AVO Lawyers in Sydney

At Greenfield Criminal Lawyers, we specialize in providing robust defense and advocacy for clients facing domestic violence allegations and Apprehended Violence Orders (AVOs) in Sydney. Our dedicated team combines legal expertise with compassionate support to ensure your rights are protected throughout the legal process.

Apprehended Violence Orders Lawyers

Our criminal lawyers specialize in defending Apprehended Violence Orders and domestic violence charges. We advocate for our clients who are accused of domestic violence in contested hearings, sentencing proceedings, and bail applications.

What is an Apprehended Violence Order (AVO)?

An Apprehended Violence Order (AVO) is a civil court measure aimed at protecting individuals by prohibiting intimidating, harassing, or contacting the ‘person in need of protection’ (PINOP). Violating an AVO results in criminal breach charges, taken seriously by courts. This legal tool, known as an AVO, sets conditions to prevent specific behaviors towards the protected person, ensuring safety. Domestic violence lawyers in Sydney, apprehended violence order lawyers, and Sydney AVO lawyers offer crucial support and guidance for those needing legal assistance with AVOs, ensuring protection under State or Territory laws from various forms of violence.

An AVO, which stands for ‘apprehended violence order,’ requires you to attend court if you are served with one.

Although they are commonly referred to as “AVOs”, in New South Wales, there is no such thing as a general “AVO”.

Rather, two different types of AVOs can be put in place to protect a person, they are:

1) ADVOs (Apprehended Domestic Violence Orders)
2) APVOs (Apprehended Personal Violence Orders)

What is an Apprehended Violence Order or AVO?

An Apprehended Violence Order is issued by a court against you if you are accused of causing another person, referred to as the person in need of protection (PINOP), to fear intimidation, harassment, or for their safety.

All Apprehended Violence Orders provide you must not:

  • Assault, threaten, molest, harass, or interfere with the protected person.
  • Stalking or threatening the protected person; and
  • Intentionally or recklessly destroy or damage any property belonging to the protected person.

Other types of conditions that may be imposed include:

  • A condition that prevents you from going to where the protected person lives (even if it is your home too), works, or studies.
  • A condition that you cannot approach or contact the protected person at all.
  • A condition that you cannot approach or contact the protected person within 12 hours of consuming alcohol or illicit drugs.

What is an Apprehended Personal Violence Order (APVO)?

An AVO issued when there’s no existing family or domestic relationship between the Applicant and Defendant applies to co-workers, neighbors, acquaintances, or friends. While both types of AVOs (Apprehended Domestic Violence Orders and Apprehended Personal Violence Orders) restrict a person from certain acts to ensure another’s safety, they differ in applicability: ADVOs are for domestic relationships, while APVOs are for non-domestic relationships. AVOs include mandatory conditions to prevent stalking, intimidation, harassment, interference, or property damage, typically lasting 12 to 24 months. AVOs are civil proceedings and do not result in a criminal record unless breached. For more information, schedule a free consultation with our experienced Sydney AVO Lawyers.

What is an Apprehended Domestic Violence Order (ADVO)?

An AVO that is issued when there is an existing family or domestic relationship between the Applicant and Defendant, i.e. spouse, parent, child, or relative.

What is Domestic Violence?

A “domestic violence offence” refers to an offence committed by a person against another person with whom they have or had a domestic relationship, which includes:
(a) a personal violence offence, or
(b) an offence (other than a personal violence offence) that arises from substantially the same circumstances as those from which a personal violence offence has arisen, or
(c) an offence, other than a personal violence offence, in which the conduct that constitutes the offence is domestic abuse.
A “domestic relationship” with another person exists 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.

Is an Apprehended Violence Order a Criminal Offence?

An Apprehended Violence Order (AVO) is not itself a criminal charge and does not result in a criminal record. However, violating an AVO is a serious criminal offence that can result in a criminal record and potential imprisonment.

While an Apprehended Violence Order is not considered a criminal offence, there can be additional consequences following its issuance. These include:

  • You are required to surrender any firearms to the police, and you are ineligible to obtain a new firearms licence until 10 years after the Apprehended Violence Order has concluded.
  • An Apprehended Violence Order can also impact your eligibility for employment in roles such as security officer, police officer, or other specific jobs.

If the Apprehended Violence Order involves children, the Commission for Children and Young People may be informed, potentially affecting your ability to work with children.

Why is an AVO necessary?

  • Courts issue these orders to ensure individuals are protected from violence, including intimidation, harassment, and stalking. The authority for these orders comes from the Crimes (Domestic and Personal Violence) Act 2007 NSW.
  • A court may issue an apprehended domestic violence order if it determines, based on the balance of probabilities, that a person who is or was in a domestic relationship with another person has reasonable grounds to fear and actually does fear:
  • The defendant committing a personal violence offence against the person in need of protection; or
  • The defendant engaging in intimidating conduct towards the person in need of protection; or
  • Stalking of the person in need of protection by the defendant,
  • The court must find that the defendant’s conduct justifies issuing the order.

Best AVO and Domestic Violence Lawyers in Sydney

Apprehended Violence Orders (AVOs) and Domestic Violence (DV) charges are often based on untrue allegations. Greenfield Criminal Lawyers specializes in defending against these charges. We advise against pleading guilty or consenting to AVOs if dismissal is possible. Breaching an AVO is a serious criminal offense. Our criminal lawyers have a proven track record of achieving not guilty verdicts or no convictions for clients charged with domestic violence offenses and subject to AVOs.

Apprehended Violence Order (AVO) Specialist Lawyer

Navigating AVO proceedings involves emotional challenges and legal complexities. At Greenfield Criminal Lawyers, we are your steadfast ally, combining expertise and empathy to safeguard your rights and well-being. Whether seeking an AVO, defending against one, or dealing with breaches, our experienced team provides comprehensive support. Contact us today to ensure your health and security. Learn more about our legal services for domestic and family violence issues.

Apprehended Violence Orders (AVOs) Lawyers in NSW

Our Sydney AVO lawyers offer expert consultation for anyone facing court proceedings related to apprehended violence orders (AVOs). With extensive experience across all courts, we specialize in achieving outstanding results in AVO cases. Trust us to guide you through the court process, represent you vigorously, and fight for your rights. Our proven track record includes withdrawing AVOs early to save costs and reduce stress, convincing courts to award legal fees to our clients, and successfully defending against AVO allegations through strategic cross-examination. Count on our Criminal Law Team’s expertise and comprehensive understanding of AVO issues to secure the best possible outcomes for your case.

Why Choose Greenfield Criminal Lawyers for Domestic Violence, Apprehended Violence Order (AVO), and Assault Cases

  • Specialized Expertise: We are renowned domestic violence lawyers in Sydney, focusing on defending clients in AVO and assault cases with unparalleled knowledge and experience.
  • Comprehensive Legal Support: Whether you’re navigating an AVO application or defending against one, our team offers tailored strategies to achieve the best possible outcomes for your case.
  • Proven Track Record: With a history of successful defenses and dismissals of AVOs, we prioritize your innocence and strive for fair resolutions without compromising your rights.

AVO Assault & Sex Offences

Apprehended Violence Orders (AVO or ADVO)

If someone is threatening, stalking or harassing you, we can help you apply for an Apprehended Violence Order (AVO). If you have been served with an AVO or ADVO, you have the right to object to it. Our criminal defence lawyers are highly experienced in helping clients successfully object to an AVO.

Assault Offences

If you have been charged with an allegation of assaulting somebody, you should contact us ASAP. Assault charges are serious offences and if not handled by seasoned specialist criminal lawyers can lead to gaol time. Our lawyers have successfully defended all types of Assault charges. We have an acquittal not guilty rate exceeding 90 per cent in all Assault cases in the last 10 years. The steps we take each step of the way means we are mitigating our client’s risk of going to gaol or ending up with a criminal conviction that could damage their career. Some of our work include thorough analysis of the Police Brief of Evidence to show up holes in the Police evidence, preparing persuasive written representations to the NSW Local Area Command seeking no further proceedings against our clients, negotiations with the Police Prosecution Service or the Office of the Director of Public Prosecutions to drop a more serious charge of assault against our client, negotiating Agreed Facts in favour of our client’s version of events if our client instructs us to plead guilty, representing our client in court and advocating for the least sentence possible if our client wishes to plead guilty, or representing our client in a defended hearing or trial.

What are the Types of Assault Charges in NSW?

Assault is the act of intentionally or recklessly placing another person in a state of fear of immediate violence. Contrary to popular belief, the offence of assault need not include a physical component such as the use of force or violence. Nor does the victim need to suffer any injury. In the vast majority of cases, however, some violence such as punching, kicking, pushing or striking is present.

Depending on seriousness of injury to the victim, you could be charged with the following:

Common Assault

Common Assault is the act of striking, touching, applying force to, or threatening another person with violence intentionally or recklessly. It must also be done without consent and without a lawful excuse.

Common Assault carries a maximum penalty of up to two years imprisonment. The court can also impose non-gaol options such as:

  • Conditional Release Order (with or without conviction
  • Fines
  • Community Corrections Order
  • Community service order (CSO)

Assault Occasioning Actual bodily Harm (AOABH) and Assault Occasioning Grievous Bodily Harm (AOGBH)

Assault occasioning actual bodily harm is an assault, which results in some actual physical injury to the victim. The maximum sentence for Assault Occasioning ABH is 5 years gaol, and Assault Occasioning GBH carries a maximum of 7 years gaol. Again, the court can also impose non-gaol options such as listed above.

Assaulting a police officer in the execution of their duty is also a serious charge of the offence of assault, and this carries a maximum sentence of up to 5 years gaol. The maximum sentence for assaulting a police officer in the course of his or her duty is 12 years if grievous bodily harm is inflicted.

Defences to a Charge of Assault

Our lawyers will analyse the Police Brief of Evidence closely and identify all defences available to an assault charge against our client. The types of defences we usually find are the alleged victim made a false statement to police, self-defence, duress or necessity.

The court result in Assault charges will depend on a number of factors such as the nature of the assault, the seriousness of the injury inflicted, whether there was any provocation, prior offending, whether the offender was affected by drugs or alcohol, and whether the alleged victim and any witnesses for the police “came up to proof” in the witness box at court (ie whether the prosecution case was proved to the court beyond a reasonable doubt that the client was guilty of the offence)

Sexual Assault

If you have been charged with sexual assault or indecent assault offences, it is important you call our criminal defence lawyers at an early stage in the proceedings (and preferably before being interviewed by the police).

The prevalance of this offence in our community means that most clients we have acted for have never previously been in trouble with the criminal law. The offence is a very serious one and has grave potential for long sentences of gaol if the case is mishandled by inexperienced lawyers.

Our criminal defence lawyers are specialists in the defence of false allegations of sexual assault and/or harassment. These are extremely serious charges with that can lead to many years of gaol time, if found guilty. It is important that you instruct an experienced sexual assault criminal lawyer if you have been charged or anticipate that you will be charged. In the last 10 years, our criminal defence lawyers have successfully defended sexual assault charges with a 90% acquittal not guilty verdict.

Contact Us

For expert legal representation in domestic violence and AVO matters, Greenfield Criminal Lawyers is your trusted partner. Contact us today and schedule a consultation to discuss your case and receive personalized advice from Sydney’s leading AVO lawyers. Visit our Apprehended Violence Order Lawyers page for more information on how we can assist you. Also, know more about our services for other criminal offences, you can consult with us. Protect your future by calling 0422 372 695 or emailing us at greenfieldcriminallawyers@gmail.com.