AVO is legal jargon for an Apprehended Violence Order.
This falls under the category of domestic violence where a spouse or citizen is found guilty of threatening the safety of another person or has them in a state where they are fearful of further violence in the near future.
It has also been known down the years as a protection order or restraining order, something utilised to keep an untrusted party from being in close proximity to another.
So why the need to have a representative that specialises in this field rather than just the trusted general barrister close to home? Well, there is a series of steps that are taken when an AVO specialist lawyer is issued and whether you happen to be on the side of the prosecution or defence, it is worthwhile noting what is involved in a complex issue placed before the court.
Here we will examine the main reasons why you are better off hiring the services of an AVO specialist lawyer.
Applying For An AVO
There are two main types of Apprehended Violence Orders that can be placed before the court:
The police have an opportunity to craft an order on your behalf should they have cause to believe that the party is in danger of violence being caused to them.
Yet it is through an AVO specialist lawyer that understands the process where the application can be undertaken with full diligence. The document must be completed with all information correctly listed without the chance that it is thrown out for frivolous reasons.
The application of the order is paramount to ensure that a successful outcome is met and a specialist will have the experience on-hand of an AVO specialist lawyer to guide the individual through this matter correctly.
AVO Time Periods
Depending on what sentence the Magistrate hands down, an order will generally hold one of 3 duration time periods:
- 6 months
- 12 months
- 24 months
This will happen if the defendant consents to the order, the defendant does not show up to court without a justified reason or the Magistrate is satisfied with the details of the application.
Should an order impinge on the defendant’s ability to see a spouse’s children with the wish to deduce the length of the order, then an AVO specialist lawyer is required. Occasionally an interim order is handed down before a hearing takes place, giving the defence time to build their case and present it to the Magistrate.
Fighting a Falsified AVO
There will be occasions whereby the charged party is innocent of the crimes they have been alleged to commit. When an order is placed against this individual, they will want to have it revoked by the court and to do they, they require an AVO specialist lawyer who deals with these matters on a regular basis.
A barrister who operates in this field will have the background to cite other case studies, including:
- Individuals trying to avoid immigration penalties
- Aggrieved partners
- Aggrieved landlords
- Aggrieved business associates
An AVO specialist lawyer will understand how best to gather documentation and proof that would justify a false complaint lodged, giving the defence the best possible outcome.
The Hearing Process
A hearing is not entirely classified as a criminal proceeding. In that respect, it is up to the individual to prove the balance of probability of potential harm beyond a reasonable doubt.
Police have the opportunity to offer a video or audio file during the hearing, but the case will most likely be judged on the quality of the verbal accounts given by both sides of the isles.
An AVO specialist lawyer is well placed to guide their client through these proceedings.