Conquering an AVO

The question of how to circumvent an AVO is one that is addressed almost on a daily basis by legal professionals. It should not come as a surprise that this is the case given that an Apprehended Violence Order (AVO) can have a catastrophic impact on you, your partner, and your family.

It is essential to have an understanding that the procedures involved with these orders are very detailed and specific. The process of defending an AVO can be time-consuming and expensive. Because of this, it is essential to consult a lawyer as soon as possible.

Initial Appearance in Court

You are required to inform the Magistrate of your decision to oppose an AVO on the very first court date if you make the decision to do so after receiving legal advice.

After that, the judge will postpone the case until a later date, which will be known as the "compliance check" date. This will give the parties more time to submit their statements and evidence.

On the other hand, if there are also criminal charges connected to the AVO, then these will need to be resolved before the AVO can be dealt with. An order to stay away from the residence (AVO) is frequently accompanied by charges of domestic violence.

It is absolutely necessary that you seek the assistance of an experienced AVO attorney in the drafting of your statement(s). This is due to the fact that once your statements and evidence have been submitted and served, you will no longer be able to alter them.

This is especially true when defending against erroneous AVO claims.

When the police make an application for an AVO, they will typically impose either a provisional AVO or an interim AVO. You have the option to challenge either the provisional or the interim AVO when the first court date rolls around.

What exactly is a provisional AVO?

An interim restraining order is a temporary restraining order that can be enforced while the court case is still ongoing.

You are required to indicate, on the first date that the court hears your case, whether you agree or disagree with the AVO continuing to be in effect for the duration of the court case on an "interim basis." In the event that you object to this, the court will hear testimony from various witnesses. This will involve both the main witness and the opposing witness giving their evidence and being cross-examined.

According to Section 22 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), the party seeking the interim AVO will be required to demonstrate that an interim AVO is both "necessary and appropriate in the circumstances." This is required in order to comply with the requirements of the section.

It is essential that you have AVO lawyers on your side who are able to expertly cross-examine any witnesses and persuasively argue against the issuance of an interim AVO order.

The Second Appearance in Court

At the second court date, the judge will check to make sure that all parties have submitted and served the court as well as each other with statements and evidence. In the event that this has been completed, the court will postpone your case until a defended hearing that is referred to as a "show cause hearing."

In the event that this has not been done, the court may postpone the case in order to give the parties more time to submit evidence. If one party has filed and served evidence while the other has not, the party who has filed can make an application for the case to be finalized in their favor if they are the party who served the evidence.

The Last Day in Court

At the last hearing, witnesses will be called to the stand to give their testimony and will be subjected to cross-examination. To effectively cross-examine the witnesses of the opposing party, you are going to need the assistance of a criminal attorney who has years of experience in managing defended hearings.

This is frequently very complicated and challenging. According to data provided by BOSCAR, there are more than 20,000 orders for apprehended violence issued every single year. In addition, there are rules of evidence that dictate what kinds of questions can be asked and what kinds of evidence can be presented. This helps to explain, to a certain extent, why there is no straightforward response to the question of how to circumvent an AVO.

After the testimony of all witnesses has been presented, each side will have the opportunity to present their case for why an AVO should or should not be issued. After that, the Magistrate will pronounce their verdict.

What You Have to Do in Order to Win an AVO

In order for an AVO to be issued, the factors outlined in Section 16 of the Act must be proven to be true with a greater than fifty percent chance of doing so. If you want to know how to get around an AVO, you need to demonstrate that none of the following factors are present:

1. the alleged victim has reasonable grounds to fear that you will commit an act of personal violence against them; and 2.

2. The alleged victim fears that you will commit an act of personal violence against them unless:

a) The person who is purported to be the victim is younger than 16 years old

b) The purported victim suffers from a mental disorder

c) the alleged victim has been a victim of an act of personal violence committed by you in the past, and the court believes there is a reasonable likelihood of it happening again;

3. It is acceptable to make an AVO with the terms that were requested.

The following factors can be taken into consideration by the court under Section 17(2) of the Act when deciding whether or not to issue an AVO:

"(a) in the case of an order that would prohibit or restrict access to the defendant's residence—the effects and consequences on the safety and protection of the protected person and any children living or ordinarily living at the residence if an order prohibiting or restricting access to the residence is issued;" "(b) in the case of an order that would prohibit or restrict access to the defendant's residence—the effects and consequences on the safety and protection of the protected person and any children living or ordin not made and

(b) any hardship that may be caused by making or not making the order, particularly to the protected person and any children, and (c) any other relevant factors.

c) the requirements for living quarters of all involved parties, in particular those of the protected person and any children, and

(d) any and all other matters of relevance ”

On the other hand, if you have been convicted of associated criminal charges, such as assault in a public place, then the AVO will be issued to you automatically. Because of this, it is essential to mount a vigorous defense against any criminal charges and to work with seasoned assault attorneys who are on your side.

A Guide to the Defense of an AVO

An AVO can be defended in a number of different ways, including the following:

1. Identification: The opposing party will not be able to show that you were the one responsible for the behavior that was criticized.

2. The alleged victim would not have any reasonable grounds to fear that you would commit an act of personal violence against them.

3. The person who has accused you of wrongdoing does not in fact fear you

The rights of a defendant in family law proceedings and the ability to possess a firearms license can be impacted by an AVO.

In the context of today, charges of domestic violence are extremely prevalent. In spite of this, there have been a number of recent examples of AVOs being withdrawn and/or dismissed after experienced criminal defense lawyers were retained in the case.

An experienced AVO attorney can give you advice on how to get an AVO revoked and removed from your record. You will be able to look at some recent examples of AVOs that have been withdrawn, revoked, and dismissed here. Having access to the most qualified criminal attorneys who specialize in apprehended violence orders will go a long way toward achieving this goal.

Make contact with Astor Legal by dialing (02) 7804 2823. Or, you can email [email protected]