At PCL Lawyers, our family lawyers in Sydney can assist clients with applying for or defending an apprehended violence order. Most applications will be heard in the Local Court of New South Wales and can be detrimental to you if you have an order may against you.
An AVO can be obtained if you commit physical violence or not. It is where your personal safety is at risk.
There are two types of intervention orders:
If an AVO is part of a family law dispute, advice from a family lawyer is highly recommended. If there is a divorce or separation that ensues it may impact access to your children. It may be a part of any family court proceedings and should be handled carefully.
They can work closely with you to understand the specifics of your case and ensure that you are well represented in your case. If you have an interim order made against you, you should seek advice quickly so your case is thoroughly prepared.
Our intervention order lawyers can assist whether you have received a summons or are applying for one. Either way it is crucial to seek legal advice.
Applying for a Personal Safety Violence Order or Domestic Violence Order involves the same steps. If you’re under 18 or need an order for an underage child who isn’t included in your application, you will need to go through the Children’s Court of New South Wales instead. Our family lawyers in Sydney can assist you with applying for an AVO or intervention order, which involves the following steps:
When you finish and submit your Application, the Court Registrar will meet with you to discuss the information you provided in your application in order to complete the process.
In cases of immediate danger, an interim AVO must be requested to get protection. The Registrar will also provide you with a summons that specifies the court date for your hearing, after which the police will deliver a copy to the respondent who is required to attend the hearing. The respondent will have the chance to defend themselves and contest the intervention order.
When an interim or final AVO or intervention order is issued, the protected person and the respondent will get a copy. This will generally stipulate a time limit and will only be effective for a limited time. It also specifies the prohibited actions by the respondent and the duration of the order. If the respondent violates the AVO, they will have committed a criminal offense and you can promptly inform the police. It’s advised that you keep accurate records and evidence of any violations.
You can challenge an AVO or Intervention Order in court and defend yourself against the accusations. You should get legal advice from a lawyer as soon as possible so that you can prepare your case before the first court date. In many instances an interim AVO restraining order may be in place and this can be restrictive and prevent a person from seeing their child.
Generally, you will not be allowed to communicate with your partner, but a lawyer can do so on your behalf. Our lawyers will ensure the evidence and defence is clear and presented to the court to give the magistrate a favourable opinion and judgment.
AVO or Intervention Orders have severe implications and breaking the conditions is a criminal offence. Be sure to get advice and assistance from an experienced intervention order lawyer.
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