As skilled lawyers in the Parramatta, Lakemba, Auburn, Bankstown, and Eastwood regions, we provide robust legal defense against unwarranted or excessive applications for Apprehended Violence Orders (AVOs). Our firm understands the severe ramifications these orders can carry if imposed improperly.
AVOs are judicial orders restricting a person’s behavior and movements in relation to another party based on allegations of violence, threats, abuse, intimidation or stalking. They can encompass various prohibitions like being unable to approach, contact, assault, harass or even be present within a specified area near the protected person.
While serving an important protective function when substantiated, the granting of an AVO can significantly disrupt a person’s life in consequential ways. Defendants may face reputational damage, enforced relocation from homes, loss of contact with children, restrictions on their movements, workplace difficulties, and even criminal repercussions for future arguable violations no matter how minor.
Our role is to critically examine AVO applications and their underlying allegations to determine if sufficient evidence and legal grounds actually exist for such restrictive orders. Where the prosecution’s claims prove questionable or an AVO would yield disproportionately severe impacts, we advocate forcefully against the imposition of orders or negotiate more limited conditions tailored appropriately.
Securing favorable AVO outcomes hinges on strategic deployment of multiple defense avenues. Having skilled legal representation throughout AVO proceedings provides numerous invaluable advantages over a self-represented approach. Our deep familiarity with local court practices and decision-making philosophies across Greater Western Sydney proves instrumental.
Why should you engage a criminal justice / criminal lawyer to work with you?
First, we scrutinize the prosecution’s evidentiary foundations supporting their claimed need for protection. This includes analyzing witness accounts, police reports, any previous domestic incidents or AVO breaches, use of illicit drugs/alcohol, and existence of restraining order violations among other factors.
If we identify potential weaknesses, omissions or credibility issues in the state’s evidence and characterizations, we formulate plans to systematically undermine their arguments regarding the lawful grounds required for an AVO. This could range from vigorous cross-examination exposing contradictions to introducing countervailing witness testimony or forensics suggesting self-defense or accidental circumstances.
Where some evidence does exist creating difficulties for complete dismissals, we pursue negotiated AVOs with least onerous restrictions or mutually agreed terms. Our team is adept at facilitating productive dialogue focused on securing orders limited to legitimate safety concerns while upholding clients’ lawful rights and personal freedoms to the fullest extent.
Finally, courts evaluate subjective factors like potential hardships and inequities AVOs would create for defendants as part of their final determinations. We ensure these humanitarian angles are comprehensively detailed and advocated, covering issues like family separations, employment disruptions, residential displacements and mental health ramifications where pertinent.
Why work with us?
We have a duty to educate our client on the process of AVO once is made against the person including the legal process and the client rights as the defendant. We will listen to your own version of the story and advise you on the best course of action and assist you with the best possible solid defence.
Secondly, our legal team can file an application to the court in order to vary or revoke an interim AVO made against our client. Furthermore, in consultation with us, we invoke our professionalism to defend against an AVO by gathering evidence, attending hearing, cross-examining all witnesses, and appealing the decision.
Importantly, our representation ensures all possible defenses and counter-narratives are raised systematically and no potential rights violations occur stemming from the heightened legal complexities that AVOs introduce. We safeguard against improper impositions while pragmatically negotiating reasonable compromises where some restrictive terms prove unavoidable.
Our accomplished team also provides robust support addressing the emotional strains and personal disruptions that often co-occur alongside AVO proceedings. From facilitating productive communication to connecting clients with external support resources, we take a holistic approach to representation in these delicate matters.