A Legal Perspective: What to Do if You’re Served with an AVO

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Being served with an Apprehended Violence Order (AVO) in Australia can be a distressing and legally complex situation. This article offers a legal perspective on what individuals should do if they find themselves served with an AVO. It will discuss the steps to take and the importance of seeking legal representation.

Understanding the AVO

First and foremost, it’s essential to understand the nature of the AVO. An AVO is a court order designed to protect individuals from violence, threats, and intimidation. There are two different types of AVOs in NSW, such as Domestic Violence Orders (DVOs), Personal Violence Orders (PVOs), each with specific conditions and restrictions to modify the behaviour of the person served with an AVO. 

Steps to Take if Served with an AVO

  1. Read and Comprehend the AVO: Carefully read the AVO document to understand its conditions and restrictions. Ignorance of the AVO’s terms is not a valid defence to an offence of breach of AVO.
  2. Comply with the AVO: It’s crucial to strictly adhere to the conditions outlined in the AVO, even if you believe the order is unjust or unnecessary. Failing to comply with the AVO can result in serious legal consequences.
  3. Consult with a Lawyer: One of the most important steps to take when served with an AVO is to seek legal counsel. A lawyer who defends AVO matters on regular basis can provide invaluable guidance, inform you of your rights, and help you navigate the legal process.
  4. Collect Evidence and Document Everything: Document any relevant information, including the circumstances leading to the AVO, any interactions with the protected person, and any evidence that may support your case. Your lawyer can help you determine which evidence is admissible in court.
  5. Attend Court Hearings: It’s essential to attend all court hearings related to the AVO. Your lawyer will represent your interests and help you present your case.
  6. Explore Legal Defences: Depending on the circumstances, there may be valid legal defences to the AVO. Your lawyer will assess the case and advise you on the best approach, which could include arguing against the order’s necessity or seeking its variation.

Importance of Seeking Legal Representation

Seeking legal representation is paramount when dealing with an AVO for several reasons:

  1. Legal Expertise: A lawyer experienced in AVO matters understands the legal intricacies and can provide the best advice and representation. Pannu Lawyers are based in Blacktown and can appear in all courts across the state of NSW.
  2. Protection of Rights: Your lawyer will ensure that your rights are protected throughout the process and that you have a fair opportunity to present your case.
  3. Negotiation and Advocacy: A skilled lawyer can negotiate with the protected person’s lawyer and/or police Prosecutor and advocate for the most favourable outcome.
  4. Legal defences: Lawyers can identify and utilise valid legal defences, potentially leading to a dismissal, reduction or withdrawal of the AVO.
  5. Compliance with Legal Procedures: Lawyers are familiar with court procedures, which can be complex, and will ensure that all necessary steps are taken to protect your interests.

Being served with an Apprehended Violence Order (AVO) in NSW is a serious matter that requires careful consideration and legal expertise. Seek the assistance of an experienced lawyer to guide you through the process, protect your rights, and work towards the most favourable outcome. Legal representation is essential in safeguarding your interests when facing an AVO, ensuring that the process is fair and just for all parties involved.

Pannu Lawyers extensively practice in Criminal Law and regularly appear at Courts throughout New South Wales. If your matter is at Blacktown Local Court for an AVO, we are conveniently located within a walking distance from the Blacktown Local Court and can represent you to defend AVO against you. Blacktown Local Court is located at 1 Kildare Road Blacktown and hears AVO applications on every Wednesday and Blacktown Criminal Lawyers appear there defending unfair and unjust AVO’s against our client every week.

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