Choosing the right AVO lawyer can make a huge difference to the final result.
If an AVO application has been made against you, it is very important to seek legal advice from an experienced criminal lawyer. The court has the power to order an AVO in your absence, so it is very important that you attend court on your ‘mention’ date.
Need more information on Apprehended Violence Orders?
An Apprehended Violence Order (AVO) application is usually made when a person alleges that they are in need of protection from another person. The person seeking the AVO is called the ‘protected person’.
There are two types of AVOs / Apprehended Violence Orders:
ADVOs are issued in circumstances where a domestic or family relationship exists. Domestic relationships include:
APVOs are issued in circumstances where the parties are not involved in a domestic or family relationship.
There are three standard conditions that are included in an AVO. These are referred to as ‘mandatory conditions’. These conditions prohibit you from doing the following:
However, the court can make additional orders if it feels that this would be appropriate. For example, the court might prevent you from going near the protected person, or going near their workplace.
The court can only order an AVO if it is satisfied that the protected person has reasonable grounds to fear that you will be violent towards them, stalk them or intimidate them. It is also necessary for the court to be persuaded that the protected person is fearful.
There are two ways that an Apprehended Violence Order application can be made:
If a private application is made, the AVO proceedings become a ‘civil matter’ (as opposed to a criminal matter).
If the court decides not to make an AVO in a civil matter, there is often an opportunity to ask the court to make a costs order against the person who initiated the proceedings. If the court makes this order, the person seeking the AVO will have to pay some of your legal fees.
While AVOs will not show up on your criminal record, they will still show up on a background check. This could affect many areas of your life, including your employment.
Hamilton Janke Lawyers are one of the top rated Criminal Law Firms in the region. We treat every client with the respect and commitment they deserve. This commitment to our profession has earned us a reputation which we are very proud.
Going to court? Or maybe you just need advice? Contact us now.
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