Apprehended Violence Order Lawyers in Ashfield

ADVO or APVO

An apprehended domestic violence order (ADVO) may be made where the person in need of protection and the defendant are in a domestic relationship — for example current or former partners, or certain family relationships.

An apprehended personal violence order (APVO) may be made in other cases, such as disputes between neighbours or people who are not in a domestic relationship.

The type of order matters for how the application is made, the conditions that may be imposed, and how the matter relates to any family-law or criminal charge.

Provisional, interim and final orders

• A provisional order is commonly applied for by police and can be made in urgent circumstances, often before the defendant has been heard. It usually continues until the first court date, unless it is earlier revoked or replaced.
• An interim order may be made by the court to provide protection while the application is being determined. It can have the same practical effect as a final order while it is in force.
• A final order may be made after a hearing, or in some cases by consent. It lasts for the period the court specifies.

Conditions vary. They may include no contact, stay-away distances, or restrictions on approaching a home, workplace or school. Some conditions also deal with firearms and weapons. You must read any order served on you carefully. If you do not understand a condition, get advice before the next court date — and comply with the order as it stands in the meantime.

Seeking an order, or responding to one

Police often make the application, particularly in domestic violence matters. A person can also make a private application in some circumstances. We can advise you if you are seeking protection and need to understand the process, the evidence the court may consider, and the conditions that may be appropriate.

If you have been served with an application or an order, do not ignore it. A first court date will usually be listed, and interim conditions may already apply. A person responding to an application may, in some cases, consent to a final order being made without admitting the allegations. That can bring the proceedings to an end more quickly, but it still results in a binding court order, with consequences if it is breached, and it can affect other issues such as firearms licensing and family-law arrangements. It should not be decided without advice.

You may also wish to oppose the application, seek different conditions, or negotiate the terms. The right path depends on the allegations, the evidence, any related criminal charge, and your circumstances.

Breach of an AVO

Being named as the defendant on an AVO is not, by itself, a criminal conviction. Contravening an order that you know about is a criminal offence. A breach can lead to a charge, bail conditions, and a sentence that may include a conviction, a bond-like order, or in some cases imprisonment. If you are alleged to have breached an order, or you are not sure whether something you have done (or a message you have sent) is a breach, get advice promptly.

Family law, firearms and related charges

AVO conditions can affect parenting arrangements, who may remain in a home, and how the parties communicate. If a family-law matter is also on foot, or is likely, tell us at the outset so the two processes can be considered together. See also our family law pages.

An AVO can also affect firearms licensing and the possession of firearms or prohibited weapons. If you hold a licence, or that issue may arise for work, raise it when you first contact us.

AVO proceedings sometimes run alongside criminal charges such as assault, stalking or intimidation, or a bail dispute. We can advise you on both the order and any related charge.

How we can help

• Advice if you are seeking an order, or if police have applied on your behalf and you have questions about the conditions
• Advice and representation if you have been served with a provisional, interim or final order or an application
• Advice on consent without admissions, opposed hearings, and variations or revocation where that is available
• Advice on the effect of an order on family-law matters and firearms licensing
• Representation on a related criminal charge, including an alleged breach

Appointments can be in person at Ashfield, or by phone or video. Call (02) 8006 5244 or request a consultation.

Lawyers who can assist

• D’Mor H Chehade
• Wayne Butler

Related services

• Criminal law
• Family law
• Bail applications
• Criminal lawyers for Burwood, Strathfield, Five Dock and Leichhardt

Frequently asked questions

Is an AVO a criminal conviction?

No. An AVO is a court order. Being the defendant on an AVO is not, by itself, a criminal conviction. Breaching an order you know about is a criminal offence and can result in a charge and, if you are found guilty, a sentence and possibly a conviction.

Should I consent to an AVO?

Sometimes a person may consent to a final order without admitting the allegations. That decision has consequences, including the conditions you must obey and possible effects on firearms licensing and family-law arrangements. Do not consent, or refuse to consent, without advice about your particular application.

What if police have already made a provisional order?

A provisional order is a court order while it is in force. You should comply with it and get advice before the first court date. Bring the order, the application and any related charges or bail conditions with you.

Can an AVO affect my contact with my children?

It can, depending on the conditions and on any family-law orders or arrangements. If children are involved, tell us at the first appointment. We also advise on family law matters.

Do you have an office near Burwood Local Court?

Our only office is in Ashfield, a short trip from Burwood. Many AVO lists for this part of the Inner West are heard at Burwood Local Court or, in some cases, another NSW Local Court shown on the application. We can appear at the court where the matter is listed.

Discuss your AVO matter

Call Monardo Legal on (02) 8006 5244, email info@monardolegal.com.au, or request a consultation. Office hours are Monday to Friday, 9:00 am–5:00 pm.

Website information is general information, not legal advice about your particular matter.