If you have been accused of being violent or threatening towards someone, it can be quite stressful even if you haven’t done anything wrong. This post will give you an insight into what an apprehended violence order (AVO) is, and how you can work with criminal lawyers in Sydney to defend yourself against one.
What does AVO mean?
If you have been issued with an AVO (Apprehended Violence Order), it means that someone has asked the court for a protection order against you. The word ‘apprehend’ refers to fear. This fear does not have to be true but must be reasonable. AVOs will be issued if the court believes that you might harass or attack the person who needs protection. An apprehended violence order will not prevent you from seeing your children, your partner and family or anyone else not named on it.
Is an AVO a Criminal Conviction?
The most common misconception about apprehended violence orders is that they are criminal proceedings. They’re not! Sydney criminal law specialists explain that AVOs aren’t criminal cases and don’t result in a criminal record. Instead, an apprehended violence order (AVO) or domestic violence order is a type of civil law that can be applied by a magistrate if someone makes an application on behalf of themselves or someone else.
When Would Police Take Action Under an AVO?
The Police can take action under an AVO if they believe you have breached it or threatened to breach it. For example, if you call or text your partner threatening to hurt them or go after their property, police can arrest you for breaching an AVO. If you are served with a document that says you’ve been found guilty of breaching an AVO, police can then arrest you for breaching it again. Breaching an AVO could also result in two years imprisonment.
How Long Will AVOs Last?
According to a criminal barrister in Sydney, an AVO can last up to three years. It may be possible for someone to apply for a longer order, but compelling evidence will be necessary to get approval. In New South Wales, you wouldn’t be able to own firearms throughout the period of an AVO and for 10 years after the order expires. An apprehended violence order can also impact your employment opportunities.
Are There Any Defences?
If you have been accused of, or charged with an AVO offence, you must seek legal advice from a lawyer. An apprehended violence order will have a significant impact on both your personal and professional life, so it’s important that you hire a criminal defence attorney who will fight for you and win the case. An AVO can be dismissed if the other party fails to submit evidence on time.
When an AVO is issued against you, it can be downright terrifying. Talk to one of the best criminal lawyers in Sydney as soon as possible to take care of your case.
