If you’re the protected party related to AVO matters, Repute Law’s comprehensive guide on Protected Parties and Apprehended Violence Orders (AVOs) in New South Wales. Understanding the rights and obligations of protected parties and navigating the intricacies of AVO laws is crucial for a successful legal defence. Join us as we delve into the legal landscape of AVOs in NSW and how Repute Law can provide the expertise and support you need.
Apprehended Violence Orders (AVOs) serve as a protective measure in NSW, aimed at safeguarding individuals from threats, harassment, or violence. They are commonly sought by individuals who fear for their safety due to the actions of another person. AVOs can be issued by the court to prohibit specific behaviours or contact between parties, with the primary goal of preventing further harm or intimidation.
Under NSW law, protected parties in AVO matters are granted certain rights and obligations. These rights include the right to apply for an AVO, the right to be protected from further violence or harassment, and the right to seek legal recourse if the AVO conditions are breached. Protected parties also have the obligation to comply with any conditions outlined in the AVO, such as refraining from contacting the defendant or attending certain locations.
In New South Wales, there are two main types of apprehended violence orders (AVOs): Apprehended Domestic Violence Orders (ADVOs) and Apprehended Personal Violence Orders (APVOs). While both serve the purpose of protecting individuals from violence, harassment, or intimidation, there are key differences between the two.
- Apprehended Domestic Violence Orders (ADVOs)
- ADVOs are specifically designed to protect individuals who are experiencing domestic violence or abuse within a domestic relationship, including spouses, de facto partners, family members, or individuals who are living together.
- These orders are sought when there is a domestic relationship between the applicant and the respondent, and the violence or threats occur within that relationship.
- The court considers various factors when determining whether to grant an ADVO, including the nature of the relationship between the parties, any history of violence or abuse, and the safety concerns of the applicant.
- Apprehended Personal Violence Orders (APVOs)
- APVOs are broader in scope and can be sought in situations where there is no domestic relationship between the parties involved.
- These orders are commonly used to protect individuals from harassment, stalking, or violence perpetrated by acquaintances, neighbours, colleagues, or strangers.
- APVOs can be applied for by anyone who fears for their safety due to the actions of another person, regardless of their relationship with the respondent.
The main difference between ADVOs and APVOs lies in the nature of the relationship between the parties involved. ADVOs are specific to domestic relationships, while APVOs can be sought in situations where there is no domestic connection. Both types of orders aim to provide protection and ensure the safety of individuals who are at risk of harm. If you are facing AVO proceedings or require legal assistance in obtaining an AVO or alternatively varying or withdrawing them, it’s essential to seek expert legal advice from a reputable firm like Repute Law
The laws surrounding AVOs in NSW are governed by the Crimes (Domestic and Personal Violence) Act 2007 . Part 4 and 5 of the Act outlines both AVOs and APVO while Section 19 details the conditions that may be imposed by the court. For example, a common condition in an AVO may prohibit the defendant from approaching or contacting the protected party or their place of residence.
Applying to Withdraw an AVO
In cases where an Apprehended Violence Order (AVO) has been issued, a protected person named in the order can make an application to the court to have the AVO withdrawn or varied. This process involves filing an application with the court outlining the reasons for seeking the withdrawal or variation of the AVO.
Protected parties may seek to withdraw an AVO for various reasons, such as reconciliation with the defendant or a change in circumstances that no longer warrant the need for the order. However, it’s essential to understand that the decision to withdraw or vary an AVO ultimately lies with the court, and the court will consider factors such as the safety and wellbeing of the protected person before making a decision.
At Repute Law, our team of senior lawyers has extensive experience in dealing with AVO matters and can provide expert guidance and representation to individuals seeking to withdraw or vary an AVO. We understand the complexities involved in such cases and are committed to advocating for our clients’ rights and interests throughout the legal process.
At Repute Law, we understand the complexities of AVO matters and the potential impact they can have on your life. As a leading criminal defence law firm located in Sydney, we have extensive experience representing clients in AVO proceedings and achieving successful outcomes.
One of the key strengths of Repute Law is our proactive approach to engaging with police at the early stage of a matter. This allows us to advocate for our clients’ interests and work towards having charges either withdrawn or downgraded, minimising the impact on their lives.
Furthermore, our innovative Case Concierge® service ensures that each client receives an exceptional level of support and guidance throughout their legal journey. From the initial consultation to the resolution of your case, our dedicated team is with you every step of the way.
Conclusion
Navigating the legal complexities of AVO matters in NSW requires expert guidance and support. Repute Law’s team of senior lawyers possesses the vast experience and expertise needed to effectively advocate for your rights and interests. Contact Repute Law today to discuss your matter.
Disclaimer
The content in this blog is to provide general information only and is not intended to provide and does not constitute legal advice on any matter. You should not rely upon the information contained in this blog as legal advice. Please contact us if you wish to discuss anything relevant in this blog. Any communications arising from this site are not intended to and do not create a legal relationship between Repute Law and any person.