In NSW, the Police can take out an Apprehended Violence Order (AVO) on your behalf in the Local Court to protect you if the Police deem that there has been an domestic violence related offence that has or will be committed against you or that you are in fear of physical or mental harm by the person whom you are seeking protection from. A Police AVO is generally based upon discussions between yourself and the Domestic Violence Liaison Officer assigned to you from the Police Local Area Command. If the Police assess your allegations, and do not apply for an AVO on your behalf, the Police must write down the reasons for their decision.
If you fear that someone has harassed you, or they may be violent towards you, damage your property, intimidate or threaten to cause you to fear harm of your safety, then you should immediately contact our Criminal Law experts to apply for a Personal AVO privately on your behalf, without the involvement of the Police in certain scenarios. This means, we would represent you at the Local Court in the AVO Hearing to obtain an AVO for you. You need not have suffered actual physical violence in order to be protected under an AVO. If children or vulnerable persons involved, we would have the AVO orders sought in a manner which protects more than one person, where necessary. Reasonable and genuine fear is what you would need to establish in Court for the AVO to be granted in your favour.
Criminal Advocate, Ms Shah of our Sydney city office has acted for Private PINOPS/Applications in AVO matters for many years, and has applied for Private AVOs on their behalf as well as appeared as an independent Lawyer for victims of Domestic Violence in Police AVO matters, when they are unfavourable witnesses or require legal assistance extended beyond the Police force. It is crucial for an Applicant of a private AVO to seek our advice, as there can be ramifications for Costs and other consequences that arise from not being granted an AVO.
Should you or anyone you know want to apply for an AVO against someone you deem necessary to seek protection from, contact Ms Shah on 0406 660 999 as to merit for your Application, and legal avenues to explore based on her expert advice.
*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice beforetaking any course of action.*