Over 50 years of combined experience

Success in Courts Australia-Wide

5 x Convenient Locations across Sydney and NSW

Who applies for an Apprehended Violence Order?

An application for an AVO can be made by:

  1. A police officer on behalf of the protected person; or
  2. Any person above the age of 16 who lodges an application with the Local Court to be the protected person under an Apprehended Violence Order

What happens if I am the Defendant in an application for an Apprehended Violence Order?

Depending on what you and the applicant want to do, the matter may proceed in the following ways:

  • Give a formal promise (undertaking) to the court to stop the behaviour causing the protected person to fear you and no Apprehended Violence Order will be made;
  • You agree with the Apprehended Violence Order being made, without admitting any of the allegations, and a Final Apprehended Violence Order will be made;
  • You agree with the Apprehended Violence Order being made, admitting the allegations, and a Final Apprehended Violence Order will be made;
  • Defend the application for the Apprehended Violence Order being made in a hearing at Court and a Magistrate decides whether to make the Apprehended Violence Order or dismiss the Application.

If the police applied for the AVO on behalf of the protected person, they will represent the protected person. You will receive a Brief of Evidence against you. In cases where an Application is made privately by a civilian, the Applicant may be ordered to serve statements comprised of evidence against you and you may be ordered to serve statements in your defence.

What happens at court in defending an Apprehended Violence Order?

Our solicitors frequently and successfully defend our clients against Apprehended Violence Orders made by police and other persons.

Having an Apprehended Violence Order made against you can have serious consequences and if you are not guilty of the conduct being alleged against then it is unwise to consent the Apprehended Violence Order being made.

In order for the court to make an Apprehended Violence Order against you, the Applicant must establish on the balance of probabilities:

  • They, or the protected person fears that the Defendant will be violent towards them, harass them or intimidate or stalk them (this is a subjective test, which means that it is based on what the protected person actually feels), and
  • The protected person’s fear is based on reasonable grounds (this is an objective test, which means it is based on whether the court believes that a person in the protected person’s situation would feel the same as the protected person).

What happens if an Apprehended Violence Order is made against me?

If an Apprehended Violence Order is made against you, you are not given a criminal record. However, if you breach an Apprehended Violence Order it is a criminal offence. The maximum penalty for breaching an Apprehended Violence Order is a fine of $5500.00 and/or two years imprisonment. An Apprehended Violence Order may also place some restrictions on you, such as stopping you from having a firearms or security licence, or working with children.

Contact us for your Free initial consultation. Available at our Sydney CBD, Parramatta, Liverpool, Wollongong or Newcastle office.

Book Your Free Consultation

Achieving results one case at a time

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Todd Hurring

Ly Lawyers
5.0
2017-06-25T22:46:32+00:00

Todd Hurring

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Achieving results one case at a time

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Breno T.

Ly Lawyers
5.0
2017-06-25T22:53:27+00:00

Breno T.

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Achieving results one case at a time

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Kim Smith

Ly Lawyers
5.0
2017-06-25T22:53:58+00:00

Kim Smith

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Achieving results one case at a time

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

William Song

Ly Lawyers
5.0
2017-06-25T22:54:34+00:00

William Song

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

Achieving results one case at a time

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Habib Rahman

Ly Lawyers
5.0
2017-06-25T22:55:09+00:00

Habib Rahman

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Achieving results one case at a time

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Josh Tyler

Ly Lawyers
5.0
2017-06-25T22:56:43+00:00

Josh Tyler

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Achieving results one case at a time

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Craig H

Ly Lawyers
5.0
2017-06-25T22:57:53+00:00

Craig H

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Achieving results one case at a time

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Sarah Davies

Ly Lawyers
5.0
2017-02-01T00:09:03+00:00

Sarah Davies

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Achieving results one case at a time

What a result from a great team!

Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

John L.

Ly Lawyers
5.0
2017-02-01T01:38:38+00:00

John L.

What a result from a great team! Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.
5.0
9

Our Locations

5 offices conveniently located across Sydney