How To Beat An AVO In Australia?

It's frustrating and anger-inducing to know that someone made false allegations against you, resulting in a wrongful conviction. One example of such instances is people who have an AVO against them. So, such people will want to know how to beat an AVO and clear their criminal record. But what is an AVO?

An Apprehended Violence Order (AVO) is a court order designed to protect a person from family violence or personal violence. A court may draft this order if a person has reasonable grounds to fear for their safety or well-being due to the conduct of the apprehender.

An AVO has two types, namely an apprehended domestic violence order and an apprehended personal violence order. In family law matters, AVOs are often sought by one party against another, particularly in the context of parenting disputes. Many parents seek to apply for AVOs for the security of their children and themselves, especially if they were also victims of domestic violence.

Laws That Mention an AVO

The offence of breaching an AVO in New South Wales is set out in Section 14 of the Crimes (Domestic and Personal Violence) Act 2007. It carries a maximum penalty of a fine of 50 penalty units or imprisonment for two years.

Another law that mentions an AVO is Section 79 of the Crimes (Domestic and Personal Violence) Act. This section states that a final AVO lasts for the length of time stated in the order, with the period of time set out by the Court being:

"As long as is necessary, in the opinion of the court, to ensure the safety and protection of the protected person."

How to Beat an AVO: Steps for Contesting an AVO

So what are some strategies when discussing how to beat an AVO? There are several steps you can use to strengthen your case if you're contesting an apprehended violence order in family law matters. These are:

Step 1: Seek Legal Advice

This should be a basic thing to know when you want to know how to beat an AVO. A lawyer can explain your rights and obligations, legal costs, and the best defence strategy for your case. Defending an AVO can be a lengthy process, so you should always be represented by an expert criminal defence lawyer or family lawyer when defending an AVO or defending against it.

Step 2: Gather Evidence

Gathering evidence is crucial to beating an AVO. Evidence may include witness statements, text messages or emails, social media posts, or CCTV footage. It is important to gather as much evidence as possible to support your defence.

Step 3: Develop a Defence Strategy

This is an important step when a person wants to know how to beat an AVO. Once you have gathered evidence, you should develop a defence strategy with your lawyer. This may include:

• Challenging the validity of the AVO
• Presenting evidence to disprove the allegations; or
• Arguing that the alleged behaviour did not meet the legal criteria for an AVO.

Step 4: Attend Court Hearings

If you decide to oppose an AVO, you must inform the Magistrate on the first court date. Afterwards, the case will be adjourned on the second court date, so parties can file their statements and evidence. A party can take the chance to cross-examine witnesses during the final hearing.

• Pointing out inconsistencies or contradictions in the evidence, or
• Presenting counter-evidence to dispute the allegations against you.

Step 5: Present Your Defence

This is also an important step when a person wants to know how to beat an AVO. Once the evidence has been presented, it is important to present your defence clearly and confidently. Your defence may include:

• Explaining your version of the criminal law matter
• Providing alibis or witnesses to support your defence; or
• Arguing that the allegations do not meet the legal requirements for an AVO.

Step 6: Comply with Court Orders

Even if you are confident in your defence and believe that the AVO is unjustified, it is important to comply with any court orders. An alleged offender should comply with the conditions of the AVO, until it is formally revoked or dismissed by the court. Failure to comply with court orders can result in further legal consequences and may weaken your defence.

An interim AVO is a Court-enforced temporary AVO during the case or adjournment period. The party seeking it may need to provide evidence (oral, affidavit, or written statement from a police officer) to the magistrate and get Court approval for temporary protection.

The Court must make an interim AVO, regardless of any presented application if the alleged person is charged with serious offences like:

• Attempted murder
• Domestic violence
• Wounding
• Grievous bodily harm, or sexual assault.

How To Beat an AVO: Common Defences

False Allegations

If you believe that the allegations against you are false or exaggerated, you can present evidence to challenge the credibility of the applicant's claims. This may include providing alibis, witness statements, or evidence that contradicts the applicant's version of events.

Self-Defence

This is a common defence when knowing how to beat an AVO. If you have been accused of violence but acted in self-defence, you can present evidence to support your claim. This may include proving that you were defending yourself or others from harm or that your actions were reasonable in the circumstances.

Lack of Evidence

If the applicant fails to provide sufficient evidence to support their claims, you can challenge the validity of the AVO. This may involve:

• Cross-examining witnesses to determine if they really had a fear of personal violence from you
• Pointing out inconsistencies or contradictions in the evidence, or
• Presenting evidence that disproves the allegations against you.

Consent

If the alleged victim consented to the behaviour that led to the AVO, you can argue that the AVO is unjustified. This may involve presenting evidence of:

• Prior agreements
• Text messages; or
• Other communication that shows that the alleged victim consented to the behaviour.

Lack of Intent

If the alleged behaviour does not meet the criteria for an AVO, you can argue that you did not have the intent to commit violence, harassment, or intimidation. This may involve presenting evidence that the behaviour was accidental, misinterpreted, or taken out of context.

How To Beat an Avo: Knowing the Conditions of an AVO

To successfully contest an AVO, the defendant must demonstrate the absence of the factors outlined in Section 16 of the CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007. These include proving that the alleged victim does not have reasonable grounds to fear a domestic violence offence, intimidation, or stalking from the defendant. However, the defendant may not be able to contest the AVO if:

• The alleged victim is a child or has an appreciably below-average general intelligence function; or
• The Court determines that the alleged victim has been subjected to personal violence on more than one occasion by the defendant and is likely to suffer it again

As we further explore this Act, we can also see that the Court may also consider other factors under Section 17(2) of the Act, such as:

• The effects and consequences on the safety and protection of the protected person and any children living at the residence if an order prohibiting or restricting access to the defendant's residence is not made
• Any hardship that may be caused by making or not making the order, particularly to the protected person and any children
• The accommodation needs of all relevant parties, especially the protected person and any children
• Any other relevant matters.

Can an AVO Be Amended or Varied?

Yes. Applications to vary or amend an Apprehended Violence Order need to be submitted to a local court. This can be done by a police officer, yourself or the protected person. Where the protected person is a child, only the police can apply for the Apprehended Violence Order to be varied or revoked.

Domestic Violence Is a Crime, So Reach Out to Us

Having an AVO taken out against you can be a distressing experience and can have a real impact on your lifestyle. This can include your ability to find certain types of employment in the future and to hold a firearms licence. Criminal charges can also affect your relationships with friends and family, particularly those who are protected under the AVO.

However, it's important to remember that you have the right to defend yourself against it. We at JB Solicitors can help with the legal procedures involved and gather evidence. This way, our family lawyers and criminal lawyers can help you contest an AVO and maximise the chances of avoiding a criminal record.

Contact us today if you want to know more about apprehended violence orders.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.