We specialize in AVO's arising from domestic relationships that also affect your family law case. We only deal with serious allegations that have significant consequences for the defendant including many sexual assault allegations. Often you confront opposition not just from the NSW Police but also DOCS, JIRT, independent children's representatives and your partner's lawyer.

If your family, children, employment or freedom are at stake urgently call us for immediate advice 0410 270 730. We are experts in defending AVO and criminal law allegations while your family law proceedings are being litigated. If your allegations involve physical abuse of your spouse, children or involve more serious allegations of sexual assault do not procrastinate see a lawyer immediately and do not speak to anyone about your case as it is important to maintian your right to silence. If you require a barrister we guarantee a conference within 48 hours. View our trial section for more information about how your hearing or trial is conducted.

We almost exclusively appear for husbands/fathers.We understand the difficult decisions you face during your court case that will affect you for the rest of your life, let us guide you and call 1300 557 243 to speak with a solicitor.

AVO's are not criminal convictions.

AVO's are not convictions and they are governed by criminal law. What often confuses many people is that AVO's are prosecuted on the lesser standard of proof as in civil law standard - on the balance of probabilities rather than the more onerous higher burdern of proof in criminal law being beyond a reasonable doubt.

Importantly, the reality is that once an AVO is in place any alleged breach is treated as a serious criminal matter.

The legislation. An AVO under the Crimes Domestic and Personal Violence Act 2007 is not a conviction nor are you considered to have a record should one be imposed. However a breach of any of the wide sweeping orders, even a mere technical breach, is a criminal act penalised by criminal legislation and carries fines of $2200 and upto 2 years imprisonment. Penalties are significant for example, stalking and intimidation convictions (section 13) carrying maximum penalties of imprisonment for 5 years.

Faced with the prospect of being convicted and known as a criminal our clients fight hard to clear their reputations. Many defendant's are pressured into consenting to AVO's by the Court and Police when unrepresentated. Frequently they then get breached and charged immediately by the alleged PP (protected person). Defendants are vulnerable to lies and once charged and acquitted cannot sue the victim for fabricating. We understand the reality is that vindictive 'victims' and vexatious litigants are not prevented from making multiple AVO applications until they succeed. Junior police officers with aggressive attitudes are often assigned to the AVO matters and exercise poor discretion.

We have defended hundreds of AVO allegations and associated domestic violence related charges. We specialise in these types of matters. Our experience in matters we defend is that most allegations are exaggerated or completely false. There are two sides to every story, unfortunately police often first charge the defendant then ask them for their version. We strongly advise you to remain silent during any police process. If you have already made a statement then you require prompt advice. If you face charges of assault, intimidation or more serious charges of sexual assault contact us immediately - 1300 557 243.

What is it like in Court on AVO days?

Magistrates daily state, that if there is no reason for a defedant to fear an AVO, then why shouldn't an Order be made. Defandants know that there is a real proboability that vicitm's will fabricate and breach them out of spite or other movitation such as Family Disputes. These real motives are ignored by the Bench in most cases. We believe this is unfair.

There also is a large contingent of DV volunteers, pro bono women's lawyers, liaison officers and police in Court to prosecute defedants or assist the alleged PP. The perception makes many clients feel as though the system is tilted aganst them the moment they walk into Court. AVOs can be made by the consent of the defendant without admitting the content of the allegations but we strongly recommend you do not consent unless you have to (strong case against you) or before you receive legal advice. We have always asserted the AVO system no longer considers a person to be innocent before being penalised. We consider many orders and their restrictive conditions are a form of punishment.

Related Family Law proceedings.

Many AVO allegations are only made during the course of Family Law proceedings. We are very experienced in both facets of the proceedings. Many allegations are false, dated and without merit. In reality, many of these allegations are designed to achieve a purpose in the Family Court rather than being a genuine AVO application. We rigorously fight these allegations and our clients are often vindicated.

 

An Imbalanced System?

We often have both the victim and defendant attend our office to seek the AVO be withdrawn. Unfortunately, police often proceed notwithstanding the wishes of the victim. They have a self interest and community interest they say they protect. Neither the Magistrate nor the Police are immune from criticism and are very sensitive to it. It is an additional problem that we need to overcome on your behalf to achieve a fair hearing of the allegation. Police officers often think that it is better to let the case proceed and let the Magistrate decide rather than withdrawing trivial and vexatious allegations.

AVO proceedings are conducted in the Local Court. Interim Orders often suffice in the short term offering adequate protection of the law. Be aware the combined use of mirror bail conditions when charges are proffered with Interim Orders can result in defendants being imprisoned for a technical breach of a condition. Bail is regularly refused until the matter is heard with defendants forced to apply to the Supreme Court for bail as a last resort. It is our policy to challenge all orders and we do not accept the imposition of the 'usual orders' unless there are strong strategic grounds.

AVO's restrict relationships

- in dramatic ways that may affect the defendant's job, security licence - gun ownership, and most importantly breaches result in criminal charges even for mere technical breaches. AVO's are often unscrupulously used by litigants to put pressure on the other party and we are often engaged in defences of what often become vexatious allegations of breaches.

 

Allegations of child abuse and sexual assault.

J.I.R.T. (Joint Investigation response Team) has extensive powers to intervene in the lives of families when allegations are raised in relation to children. Allegations of a serious criminal nature (and trivial matters) are rigorously pursued by zealous detectives and DOCS workers. In the case of real allegations their work is beyond scrutiny however they often are misguided. The outcome is threefold - JIRT tactics often result in three "independent" actions all run by JIRT with one aim - to remove children from families:

A Local Court Criminal Charge and/or A.V.O.;
Family Law Court applications; and
Care Proceedings in the Children's Court.

Challenging Care Plans and Final Orders sought by DOCS to take your children from you into another's care is an arduous process. Close consideration often relevant legislation and allegations is required. We are experienced in Care matters. For more information about Care matters visit the NSW Children's Court.

In the alternative an apprehended violence order (AVO) may be appropriate if you are experiencing harassment, molestation, intimidation, stalking or violence.

 

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