Defend or apply for AVOs in Port Macquarie

In NSW, a restraining order is called an apprehended violence order, or AVO.

If you have been served with an AVO, it is important that you attend court on the time and date that is on the paperwork. Failure to do so may result in the matter being dealt with in your absence. A solicitor can give you advice about your prospects of defending the AVO, prepare you for the hearing and represent you at court.

Douglas Hannaway is an accredited specialist in criminal law. He is only one of two solicitors in Port Macquarie with the specialist accreditation. Only 6.7% of all lawyers in NSW have specialist accreditation in criminal law. AVOs are part of the criminal law area.

The team at Hannaway Lawyers have successfully defended against many AVOs in the local court, and successfully obtained many private AVOs on behalf of individuals.

Types of AVOs

There are two kinds of AVOs that can be made in New South Wales:

1. Apprehended domestic violence order (ADVO) – these orders are made when the parties are, or have been:

  • In a relationship or are related
  • Living together
  • Are living in the same residential facility, or
  • Are in a carer relationship

2. Apprehended personal violence order (APVO) – these orders are made if the parties are acquaintances and do not have a domestic relationship. This can include neighbours, acquaintances, team mates or work colleagues.

Applying for an AVO

The police, or an individual can make an application to protect themselves and other people close to them for an AVO. However, the police are the only people who can apply for a child to be listed on an AVO.

Usually the police apply for an AVO in circumstances where the police have been called, and actual harm has occurred or a person fears abuse or harm. That may include physical assaults, intimidation, threats of harm, stalking, harassment or sexual abuse.

If the police do not take out an AVO when you have requested one, you can apply for one privately. You prepare an application for an AVO, sign it and file it at the local court. The police serve the defendant with the AVO, and you go to court when the local court registry notifies you of the court date. If the person consents, the AVO is made and the matter is over. If the person does not consent then it is listed for a hearing and both parties prepare written statements, leading up to a hearing.

We can also assist you to prepare subpoenas to assist your case. You may wish to subpoena police records of complaints between yourself and the other person or to get the other person’s criminal history, community housing, your medical records or hospital, etc.

Hannaway Lawyers can provide you with initial advice about defending an AVO, or about making the decision to take one out. We can then assist you to defend or prepare an application for an AVO. Contact us today to get the process started.

Want to make an appointment?

Give us a call today to make an appointment or email us and we will get back to you as soon as possible.

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