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Physical assault, intimidation, stalking and emotional abuse are among the harmful behaviours that constitute domestic violence in intimate partner or family relationships.
In New South Wales, the legal response to domestic violence typically involves Apprehended Violence Orders (AVOs) and Apprehended Domestic Violence Orders (ADVOs), which are civil court orders intended to protect at-risk people. These matters are taken seriously in the NSW courts and police and they very often crossover with criminal charges.
The Australian Legal Practice can help you understand your rights and obligations from the outset if you have a matter of an AVO application, an allegation of a breach or a charge of stalking and intimidation.
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
Apprehended Violence Order (AVO)
An Apprehended Violence Order (AVO) is a court order that limits the behaviour of one person (the defendant) to protect another person (the Person In Need of Protection, or PINOP). Depending on the circumstances, AVOs may be charged in conjunction with other charges, such as drug, driving or traffic offences.
An AVO is a civil order, not a criminal charge. An AVO taken out against you will not leave a criminal record. But breaching an AVO is a crime and you could be fined or sent to jail for up to 2 years. Such breaches are viewed seriously in the justice system and can affect bail applications in related matters.
Apprehended Domestic Violence Order (ADVO)
An Apprehended Domestic Violence Order (ADVO) is a particular type of AVO that applies in cases where the defendant and the Person In Need of Protection are, or have been, in a domestic relationship such as a current or former partner, spouse or family member who lives in the same household.
An ADVO is a civil order and does not of itself create a criminal record, unlike an AVO. But it has real consequences, including limitations on where you can go, who you can contact and whether you can stay in the family home. Domestic violence matters are taken very seriously by the courts and early legal advice is important to understand your options.
Breach of AVO
Section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) provides that breaching an AVO or ADVO is a criminal offence. It is an offence for a person to intentionally do anything that the order prohibits or restricts, including contacting the protected person or going to a place that is prohibited, or doing anything else that the order prohibits.
The maximum penalty is 2 years imprisonment and a fine of $5,500 or both. Where the breach is an act of violence the court must impose a term of imprisonment unless exceptional circumstances exist. Importantly, the protected person cannot consent to a breach on your behalf.
Stalk and Intimidate
A charge of stalking or intimidation under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) is made out where a person engages in conduct with the intention of causing another person to fear physical or mental harm. This charge is commonly linked to domestic violence matters and AVO matters and is considered a serious criminal offence in its own right.
The maximum penalty is 5 years imprisonment, 50 penalty units or both. If you are disputing the charge or considering your plea options then the consequences of a conviction are significant and you should seek specialist legal advice as soon as possible.
Call (02) 8084 9929 today to arrange a free initial consultation with our AVO/ADVO lawyers.
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