Violence is not acceptable in any situation. The laws in New South Wales are very clear in their view on violence. An Apprehended Violence Order or an AVO can be ordered by the Court. Such an order prohibits the defendant from approaching or making any contact with the person in favour of whom the order is made. Usually, the defendant is prohibited from harassing, intimidating, stalking and/or any other form of violent or threatening behaviour. Our Family Lawyers and AVO Lawyers can provide you with expert advice and if need be, make an application for an order, variation of any order or a revocation of an order.
Apprehended violence orders generally fall into two (2) categories:
- An order taken out against a family member or a spouse, known as an Apprehended Domestic Violence order; and/or
- An order taken out against someone other than a family member, known as an Apprehended Personal Violence Order.
In the context of domestic violence, the effect of an apprehended violence order can be drastic. When a domestic violence incident is reported, the police are obliged under law to take action on the matter. The action required may involve the making of an application for an AVO or assault charges may be brought against the defendant. Such actions can result in exhaustive court proceedings and if the defendant is found guilty of an assault charge, they could lose their job, and thereby suffer financial hardship. Where children are involved, the effect of an AVO or criminal proceedings can affect the contact or visitation rights of the parent. Under the Family Law Act 1975 (Cth), there is a presumption that parents will share equal responsibility in the care and well-being of the child. Where there is a history of domestic violence and/or Apprehended Violence Orders have been taken out against one of the parents, the presumption will no longer exist. The best interests of the child will always take priority. Come and speak to our expert Family Lawyers and AVO Lawyers today. To make an appointment, please contact us by telephone on (02) 9233 4048 or email us at info@navado.com.au.
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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If you require assistance with a Family matter, you should make an appointment to see one of our Lawyers in one of the following locations:
- Sydney