Over 50 years of combined experience

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Who applies for an Apprehended Violence Order?

Whilst we defend those alleged to have committed criminal offences, we strongly believe that those who are victims of domestic violence deserve strong legal representation.

Outside the courts, we are regular speakers at forums conducted by Sydney South West Legal (Staying At Home Leaving Violence), where we provide free legal advice clinics to victims of domestic violence.

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.

Sometimes, a person in need of protection (PINOP), may not want to deal with the police when seeking an AVO.

This is when we can help.

We frequently apply for Apprehended Violence Orders on behalf of our clients and represent them in Court to have the Apprehended Violence Orders made.

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

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

  1. The Defendant may give a formal promise (undertaking) to the court to stop the behaviour causing you to fear them and no Apprehended Violence Order will be made;
  2. The Defendant agrees with the Apprehended Violence Order being made, without admitting any of the allegations, and a Final Apprehended Violence Order is made against them;
  3. You agree with the Apprehended Violence Order being made, admitting the allegations, and a Final Apprehended Violence Order is made against;
  4. The Defendant fights 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.

In cases where an Application is made privately by a civilian, the Applicant may be ordered to serve statements comprised of evidence against the Defendant and the Defendant may be ordered to serve statements in response.

What happens if the Defendant does not agree to the Apprehended Violence Order being made?

Our solicitors frequently and successfully apply for Apprehended Violence Orders on behalf of our clients and represent them in court to have the Apprehended Violence Orders made.

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

  1. You fear that the Defendant will be violent towards you, harass you or intimidate or stalk you (this is a subjective test, which means that it is based on what you actually feel), and
  2. Your 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 your situation would feel the same as you).

What happens if an Apprehended Violence Order is made against the Defendant?

If an AVO is made against the Defendant, he or she will not be given a criminal record. However, if the Defendant breaches the Apprehended Violence Order it is a criminal offence. The maximum penalty for breaching an Apprehended Violence Order is a fine of $5,500.00 and/or two years imprisonment. An AVO may also place some restrictions on the Defendant, such as stopping them 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.

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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.
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