An Apprehended Violence Order (“AVO”) is an order imposing conditions on the movement and conduct of another (the “Defendant”) so as to protect the safety and welfare of a person in need of protection (“the Protected Person”). An AVO is made by the Local Court however provisional AVOs can be made by the Police in some instances.
The conditions of an AVO typically includes prohibitions against stalking, intimidating, threatening, harassing or interfering with the Protected Person but additional restrictions or prohibitions may be made depending on the circumstances of the case.
An AVO will apply for a prescribed period of time unless it is extended or otherwise withdrawn upon further application to the Court.
A Defendant contravenes (ie breaches) an AVO if they do not comply with the conditions set out in the AVO. The Defendant can be arrested and subsequently charged with a criminal offence for which penalties may apply. A Defendant found guilty of contravening an AVO can be fined and/or may be imprisoned. The severity of the penalty may depend upon several factors including:
- The nature of the breach;
- Any prior contraventions of the AVO;
- The Defendant’s prior criminal record;
- The Defendant’s knowledge of the condition alleged to have been breached.
If you have been charged with contravening an AVO you should obtain legal advice. We invite you to arrange an appointment to see one of our AVO Solicitors in our Sydney office. By appointment, we can also arrange a time for you to see one of our lawyers at a branch office. For a complete listing please see our "Locations" tab.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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