AVO lawyer in Wagga Wagga: responding to an AVO application
An apprehended violence order is a court order that limits contact with another person. It is not a criminal conviction, but breaching one is a criminal offence, and an AVO can affect your firearms licence, your work and arrangements for your children. If you have been served with an application, get advice before the first court date.
Dr John Weir, Accredited Specialist in Criminal Law- Who applies for an AVO?
- Police, or the person seeking protection through the Local Court registry.
- What are my options?
- Consent to the order without admissions, contest it at a hearing, or negotiate the conditions.
- Is an AVO a criminal record?
- No. An AVO is a civil order. Breaching it is a criminal offence.
- What is an interim order?
- A temporary AVO that applies until the application is decided.
AVO matters John handles
Both kinds of AVO, plus the criminal charges that often run alongside them.
- Apprehended domestic violence orders (ADVO)
- Apprehended personal violence orders (APVO)
- Provisional orders made by police
- Interim orders
- Contested AVO hearings
- Consent without admissions
- Varying or revoking an AVO
- Breach of an AVO charges
- Related assault and intimidation charges
What happens after you are served
- 1
You are served
Police or a court officer gives you the application and the court date. A provisional or interim order may already apply, so read the conditions carefully and follow them.
- 2
First mention
The court asks whether you consent or oppose the order. John can explain each option and the conditions before you decide.
- 3
Consent or contest
You can consent without admitting the allegations, negotiate the conditions, or contest the application.
- 4
Hearing
If contested, both sides file statements and the Local Court judge decides whether to make a final order.
- 5
After the order
John explains exactly what the final conditions mean, how long they last, and when a variation is possible.
What John does on an AVO
- Explains the conditions and what will breach them
- Advises whether to consent or contest
- Negotiates conditions that let you keep seeing your children or keep working
- Prepares your statements and runs contested hearings
- Defends breach of AVO and related criminal charges
- Applies to vary or revoke an order when circumstances change
Dr John Weir
Accredited Specialist in Criminal Law
Over 30 years in court, as prosecutor, Legal Aid solicitor, barrister and solicitor advocate.
Call JohnIf you are the person seeking protection
John acts for people responding to AVO applications. If you are in danger, call 000. For support, contact 1800RESPECT on 1800 737 732.
Questions people ask
Related
Criminal charges
If you have been charged with a criminal offence, John can advise you before your first court date and represent you from the first mention to the end of the case.
Criminal chargesBail and custody
If police have refused bail, the person must be brought before a court as soon as practicable, and that first appearance is the time to apply for bail.
Bail and custodyAppeals and trials
If you want to appeal a Local Court decision, or you face a serious charge in the District or Supreme Court, you need someone who has stood up in those courts many times.
Appeals and trialsTalk to John about your matter.
Call now, or leave your number and the court, and John will call you back. [Call back timing]
0429 452 225jw@johnweir.com.auPO Box 469, Wagga Wagga NSW 2650