What Happens If You Get An AVO: 5 Helpful Tips to Defend Your Rights
What happens if you get an AVO? You might be in a complicated time in your life right now.
Getting an AVO is a serious matter. In fact, there are several consequences that you will face once the court makes it final.
See what happens if you get an AVO. A Final AVO will affect the following aspects of your life:
Restrictions on your behaviour: An AVO can prohibit you from engaging in specific behaviours, such as contacting the person protected by the AVO or going near their home or workplace.
Criminal charges: If you breach an AVO, you can face criminal charges, resulting in fines and imprisonment.
Impacts on employment: What happens if you get an AVO in terms of employment? An AVO against you can impact your ability to work in certain industries, such as law enforcement or child care.
Reputation damage: An AVO can harm your reputation and can affect your personal and professional relationships.
Difficulty obtaining visas or travel documents: If you have an AVO against you, it will be put on your criminal history, not your criminal record, unless you breach the conditions stipulated in it. When this happens, obtaining visas or travel documents for international travel may be difficult.
Impact on family law proceedings: An AVO can also impact any family law proceedings, such as child custody or property settlement, as it can be used as evidence of domestic violence.
Difficulty owning firearms: If you have an AVO against you, obtaining or keeping firearms licenses may be difficult.
Social stigma: An AVO can carry a social stigma, affecting your relationships with friends, family, and the community.
What Are Frivoulous and Vexatious AVOs?
Frivolous and vexatious AVOs are exaggerated or false allegations.
In NSW, it is a regrettable reality that false AVO applications are sometimes used as a ploy in custody disputes or are filed with the intention of causing trouble for the target.
What Happens If You Get an AVO, and Can You Defend Yourself Against an AVO?
Yes, you can defend yourself against an AVO. If you have been served with an AVO, you can contest it in court and present your side of the story.
This may involve providing evidence or testimony to support your position and explaining why you believe the AVO is unjustified.
However, it's important to remember that the burden of proof in AVO cases is relatively low.
The court will only need to be satisfied that making an AVO is necessary to protect the person who applied for it. As a result, it can be challenging to defend against an AVO successfully.
If you are facing an AVO, it is highly recommended that you seek the advice of a qualified legal professional who can guide you and represent you in court.
An experienced lawyer can help you understand the legal process, the implications of an AVO, and your rights and obligations.
They can also help you prepare a strong defence and represent your interests in court.
How to Defend Yourself Against Unfair AVO Application?
If you have been served with an AVO and wish to defend yourself, you can take the following steps:
You must collect evidence to support your position if you believe the AVO is unjustified. This may include witness statements, texts, emails, or other evidence demonstrating that you did not engage in the prohibited conduct.
Prepare your testimony: If you contest the AVO, you must explain your side of the story in court testimony. This could entail drafting a statement or testifying in court.
Consult a lawyer: An experienced attorney can provide guidance and represent you in court. They can assist you in comprehending the legal procedure, the implications of the AVO, and your rights and responsibilities.
Attend the court hearing and present your defence: It is essential to be well-prepared and maintain a professional demeanour during the hearing.
Consider negotiating a revised AVO: If you believe that certain AVO restrictions are unjustified, you may be able to negotiate a revised AVO with the protected individual. This could involve agreeing to a modified set of acceptable restrictions for both parties.
Can the Police Make an AVO Against You by Mistake?
Yes, it is possible for the police to make an AVO (Apprehended Violence Order) against someone by mistake.
An AVO is a court order that is designed to protect a person from violence, threatening behaviour, or harassment. The police can apply for an AVO on behalf of the person who is believed to be at risk of harm.
However, in some cases, the police may misunderstand the situation or have incomplete information, which can lead to them making an AVO against someone who is not actually a threat.
In such cases, the person who has been served with an AVO has the right to challenge the order in court and provide evidence to show that they are not a risk to the alleged victim.
Is It Illegal to Make a Frivolous and Vexatious AVO Claim?
The statutes governing fraudulent accusations have strict criteria that must be satisfied.
Section 314 of the Crimes Act of 1900 makes making a fraudulent accusation illegal in New South Wales.
Conclusion
What happens if you get an AVO?
Having an AVO against you is a serious matter you have to address.
It is important to defend your rights against an unfair AVO. If you believe that you have been wrongly accused of domestic violence or harassment, you should seek legal advice as soon as possible.
You have the right to contest an AVO in court and provide evidence to show that you are not a threat to the alleged victim.
An experienced lawyer can help you navigate the legal system, protect your rights, and represent you in court. By defending your rights, you can help protect your reputation and ensure that the truth is heard.
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.