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Apprehended Violence Orders (AVOs)

Expert Legal Advice and Representation in The Hills District and Greater Sydney

An Apprehended Violence Order (AVO) is a serious legal matter that can have immediate and long-lasting consequences. While an AVO is a civil order, a breach of its conditions is a criminal offence that often leads to imprisonment. Beyond the courtroom, an AVO can prevent you from living in your own home, seeing your children, or maintaining employment in industries that require a security or firearms licence.

At Hughes Law, we specialise in advising and representing clients who are responding to AVO applications. Led by principal Belinda Hughes (a former government prosecutor) we understand how police and private applicants build their cases. Whether you are seeking to contest an unfair application or need to vary conditions to return home, we provide the strategic advocacy needed to protect your rights.

Specialist AVO Legal Services

With practical experience from both sides of the NSW justice system, we provide expert representation for all AVO-related matters, including:

  • Responding to ADVOs: Defending Apprehended Domestic Violence Orders involving intimate partners, family members, or people you live with.
  • Responding to APVOs: Representing clients in Apprehended Personal Violence Orders involving neighbours, colleagues, or acquaintances.
  • AVO Breach Defence: Providing an urgent criminal defence if you are charged with contravening a condition of an AVO.
  • Varying or Revoking Orders: Applying to the court to change existing conditions (such as “no contact” rules) or to have an order cancelled entirely.
  • Property Recovery Orders: Assisting you in obtaining a court order to safely collect your personal belongings from a residence you are barred from entering.
  • Cross-Applications: Advising you on “cross-claims” in situations where you are also a victim of violence or harassment by the applicant.

Strategic Defence in AVO Matters

In NSW, police often apply for AVOs as a precautionary measure, sometimes with very little evidence. When you engage Hughes Law, you benefit from:

  • Challenging the Grounds: We analyse the Police Grounds to determine if the applicant actually has a “reasonable fear” for their safety. If the allegations are exaggerated or false, we prepare the evidence to contest them at a hearing.
  • Effective Negotiations: We often successfully negotiate “Undertakings” or “Orders without Admissions.” This can resolve the matter without the court making a final finding against you, protecting your reputation.
  • Licence Protection: We provide specific advice for clients in the security, police or rural industries whose livelihoods depend on a firearms licence, which is automatically revoked by a final AVO.
  • Managing Concurrent Criminal Charges: If your AVO is linked to an assault or property damage charge, we provide an integrated defence to ensure your statements in one matter do not negatively impact the other.

Important Considerations for AVOs

  • Interim Orders: Even if you have not been to court yet, a Provisional or Interim AVO is legally binding the moment it is served on you. You must follow the conditions immediately.
  • The Mandatory Conditions: Every AVO in NSW includes Condition 1, which prohibits you from assaulting, threatening, stalking or harassing the protected person.
  • Breach Consequences: The police take AVO breaches extremely seriously. A conviction for a “Contravene AVO” charge carries a high likelihood of a custodial sentence, especially if violence is involved.

Take the Next Step

If you have been served with an AVO or are worried about a police investigation, do not wait until your court date. Early legal intervention is the best way to ensure a fair outcome.

Call 0422 388 370 | Email: [email protected]

Sydney CBD Office: Level 21, 233 Castlereagh Street, Sydney NSW 2000

Hills District Office: Level 5, Nexus Norwest, 4 Columbia Court, Baulkham Hills NSW 2153

Suburbs We Serve

We regularly represent clients in AVO matters at the Downing Centre, Parramatta, and Blacktown courts, serving:

  • The Hills District: Baulkham Hills, Castle Hill, Norwest, Kellyville, Rouse Hill, and Dural.
  • Western Sydney: Parramatta, Blacktown, Seven Hills, Penrith, and Westmead.
  • Sydney CBD: Central Sydney, Surry Hills, Pyrmont, and Darlinghurst.

    Frequently Asked Questions

    Is an AVO a criminal record?
    No. An AVO is a civil order, not a criminal conviction. However, it will appear on background checks for certain jobs (like working with children). If you breach the AVO, that is a criminal offence, and a conviction for the breach will go on your criminal record.
    Can I get an AVO dropped if the other person doesn't want it anymore?
    If it is a police-issued AVO, only the police can withdraw it. Even if the protected person tells the police they want it dropped, the police often refuse to do so “for the protection of the victim.” We specialise in negotiating with police to have these matters withdrawn or varied.
    What is an "Order Without Admissions"?
    This is a common way to settle an AVO. You agree to follow the conditions of the order, but you do not admit that the allegations against you are true. This can be a strategic way to end the legal proceedings quickly while protecting your reputation.
    Can an AVO stop me from seeing my kids?
    Yes. If an AVO includes a condition that you cannot approach or contact the other parent, it can effectively block your access to your children. We work to ensure that AVO conditions are carved out to allow for “parenting arrangements” as agreed or ordered by the Family Court.
    Can an AVO stop me from seeing my kids?
    Yes. If an AVO includes a condition that you cannot approach or contact the other parent, it can effectively block your access to your children. We work to ensure that AVO conditions are carved out to allow for “parenting arrangements” as agreed or ordered by the Family Court.
    Will an AVO affect my Security Licence?
    Yes. In NSW, a final AVO (even one made without admissions) will usually lead to the suspension or revocation of a security licence. We can provide advice on appealing these decisions to the NCAT.
    What should I do if I am served with an AVO?
    Read the conditions carefully and follow them exactly, even if you disagree with them. Contact Hughes Law immediately on 0422 388 370 to discuss your options for contesting the order or negotiating the conditions.