Has an AVO been issued against you by the local courts in NSW? Not sure what this means or how you should respond?
This process can be frightening when you try to go it alone. If the court issues a provisional protective order against you, you may be wondering how it may affect other aspects of your life concerning your work & social life.
You may also be wondering whether employers or those can determine whether you have had an AVO placed against you.
In this blog, we run through the various implications of having an Apprehended Violence Order (AVO).
Contact James & Jaramillo today for expert consultation for your AVO case. No matter how dire your case may seem.
We can help get you the best outcome. (02) 8005 3075
Disclaimer: The content of this blog is intended for general informational purposes only and should not be considered expert legal advice for your specific situation. For personalised and professional legal advice regarding Apprehended Violence Orders (AVOs) in NSW, please contact us to schedule a free consultation at (02) 8378 8585.
What Is An AVO?
An NSW AVO stands for Apprehended Violence orders. In simple terms, an AVO in NSW is a restraining order. The courts issue these orders for the safety and protection of the applicant from the defendant by restricting the defendant’s behaviours.
You may be issued with one of either two kinds of an AVO court order: Apprehended Domestic Violence Orders (ADVOs) and Apprehended Personal Violence Orders (APVOs). Each of these orders depends on the relationship between the defendant and the protected person.
Apprehended Domestic Violence Orders
An ADVO is a protective order when the protected person and defendant have a personal relationship and there is evidence of domestic violence.
A domestic relationship is a broad term that includes those:
- Spouse, girlfriend, or ex-partner
- Relatives
- Those who are or were living together
Apprehended Personal Violence Orders
An APVO is an order issued when the parties involved don’t have a personal relationship, such as a neighbour, co-worker, classmate, etc.
What Happens if I Breach an AVO?
If you breach a protective order, you may have to pay $5,000, face two years imprisonment, or both. Additionally, you can be charged with a criminal offence that will show up on your record.
Book An Initial Consultation With Our Experienced AVO Lawyers in NSW
At James and Jaramillo, we believe everyone deserves to have their voice heard. Whether you are a victim or perpetrator, our team of experienced AVO NSW lawyers will give your case the care and attention it deserves.
We work with you collaboratively on your case from start to finish. We will inform you of your options and ensure you get the best possible outcome for your NSW AVO case.
Have you received a notice of an AVO issued against you? Not sure what to do?
Schedule a free consultation today and let one of our licensed NSW AVO lawyers inform you of your options.
Does It Show Up On Your Police Record?
Naturally, you may be wondering if an AVO shows up on your criminal record. Since an AVO is not a criminal offence, it won’t appear on a criminal record.
However, if you violate the protective order, then you could receive a criminal charge that would show up on a police check.
Negative Impacts of an AVO in NSW
An AVO is a serious legal matter that can disrupt your life, family, and livelihood. The courts can place severe restrictions on you that can have unforeseen consequences.
If you were issued an AVO, the local court might provide restrictions that can impact several facets of your life, such as firearms, security license, family, and employment.
Firearms
If you have an AVO issued against you, it can impact your ability to get a firearms license. If you file for a firearms license, it will be rejected, and if you already have a firearms license, it will likely be suspended. Furthermore, police will seize any firearms you own.
Security Licence
An AVO can affect your ability to get a security license. Failure to obtain a security license can prevent you from getting a firearm license and specific jobs.
Family
If a final AVO has been issued against you, this can affect your parental custody or your ability to live with your family. The Family Court could issue a judgment against you if you have an AVO.
Furthermore, if you have children with the protected person who filed the AVO, the order would also apply to the children.
Employment
An AVO won’t affect your ability to get most jobs. However, it may hinder you from qualifying for specific jobs, such as jobs in which you will be working with children or firearms or require a security clearance.
How Do I Respond To An AVO in NSW?
Have the courts issued you a preliminary AVO? If so, you may be wondering what to do.
You have several ways to respond:
- Request an adjournment and consult a lawyer.
- Ask to move the case to a different Court.
- Attend a court & mediation
- Make a formal promise to the Court.
- Consent to the AVO without admitting guilt.
- Admit to guilt and consent to the AVO.
- Argue against the AVO.
Can I Appeal An AVO?
If you have received a notice of an AVO in NSW, you may wonder if this order can be appealed.
While an NSW AVO can be removed or varied if certain conditions are met, it is best to get the order dismissed before it becomes final. However, the appeal process can be complicated to navigate.
If you want to have your AVO dismissed, you should seek legal advice from a professional as soon as possible.
Frequently Asked Questions
Still have questions? Check out commonly asked questions.
How long does a provisional AVO remain in effect?
A provisional AVO remains in effect until it is dismissed or made final.
How long does a final AVO stay in effect?
The time a final AVO remains in effect depends on the type of Order issued. An APVO remains in effect for six months, while an ADVO lasts two years. Click here for a comprehensive breakdown!
At James and Jaramillo, We Can Help Guide You Through This Difficult & Anxious Time
An AVO doesn’t have to destroy your life. These matters can be handled, and our promise to you is that they’ll be handled well.
Let our team of experienced family lawyers Sydney help you with your AVO case. Rest assured, your case is in good hands with the most trusted AVO lawyers in Sydney, NSW. Contact us today, and we’ll help you get the best outcome.
