What Are AVO, ADVO, and APVO?

Apprehended Violence Order or AVO is an order issued by the Local Court in order to assure the safety of someone who has been a victim of a violent crime and seeks protection. They fall under the Crimes (Domestic and Personal Violence) Act 2007. AVOs branch out into more specific realms of personal and domestic violence and victims in such cases can get an Apprehended Personal Violence Order (APVO) or an Apprehended Domestic Violence Order (ADVO) as the case may be.

 

At Maatouks Law Group, we help you identify the situation you are in and assist you with all kinds of AVO processes. Whether you want to consent to the AVO (with or without admitting to the allegations mentioned on the AVO), contest the AVO, or modify the AVO, we have the experts here who can guide you on what you need to do and also handhold you through the entire process.

What is an AVO (Apprehended Violence Order)?

An Apprehended Violence Order is an order issued to protect the victims of violent crimes. When a person has been assaulted, intimidated, harassed, or threatened, he or she can get an AVO issued against the perpetrator. AVOs are sound and legitimate orders that prevent the perpetrators from continuing the heinous acts towards their targeted victims. Although an AVO is not a criminal charge, you will have to abide by certain restrictions that will be applicable till the AVO is valid. In most cases, the AVOs have a validity period of 12 months.

 

At Maatouks Law Group, you get the best consultation on violence orders of all types. We can help you apply for an AVO against your perpetrator as well as represent you in contesting any AVO issued against you. We understand your situation and work out feasible solutions to help your case. We help gather evidence if you want to get an AVO against your intimidator/stalker. Conversely, we also help prove your innocence or collect evidence that can justify your act if you want to contest or modify the AVO issued against you. Speak to our legal team for effective guidance.

What is an ADVO (Apprehended Domestic Violence Order)?

An ADVO stands for Apprehended Domestic Violence Order and is a form of AVO issued for violence in the domestic setup. Domestic setups include married couples, de facto couples, couples living in the same premises (which also includes a residential care facility), two people having an intimate relationship, and two people related as extended family or kin (for the Aborigines and Torres Strait Islander people).

 

In case of domestic violence cases, Domestic Violence Liaison Officers (DVLO) are involved. DVLOs are trained to assist with all aspects of domestic violence from child protection and victim support to all court processes that need to be taken to assure the safety of the victim and his family. They also monitor victims and perpetrators to make sure such heinous acts are not repeated.

 

When it comes to ADVOs, the expert team at Maatouks can help you apply for one or contest for one issued against you. We can liaise with the DVLOs and also represent you at the court if need be. If you are the victim, we can help you gather evidence and get the ADVO against your family member who has been inculcating fear in you.

What is an APVO (Apprehended Personal Violence Order)?

APVO stands for Apprehended Personal Violence Order – an order issued for the protection of victims who have endured personal threats, harassment, injuries, or intimidation from people outside of their family like co-workers, neighbours, or even strangers. If a person has been stalking you or causing you to live in fear of any sort, you can apply for an APVO against the person. Likewise, if an APVO is issued against you, you will not be allowed to go near the person in need of protection or even attempt to contact or speak to him or her. Any breach of this will lead to incarceration and some solid jail time.

 

At Maatouks, we specialise in all kinds of violence orders including APVO. Be it filing for an APVO or contesting one, our counsellors can advise you on the right course of action and assist you with the entire process start-to-end. We can also help build your case by gathering evidence and preparing you for the court proceedings. Our experienced lawyers can identify the possibilities of getting you a watertight AVO or strongly defending yourself against one. We provide thorough counselling and guidance in all matters related to APVOs.

How to Get an AVO in NSW?

Getting an AVO is a step-by-step process. It needs to be thoroughly proved that the person applying for the AVO has a solid reason to fear the defendant. Any kind of harassment, threats, or violence should be reported to the police without delay and guidance should be sought on how to deal with such situations. Evidence should be collected to be able to prove that the defendant can potentially hurt you which provides a solid ground for you to get an AVO.

 

Whether you are being subjected to mental or physical harassment or intimidation, it should be brought to the notice of the concerned authorities and a solution should be sought. This could be from a member of your family, someone who is in an intimate relationship with you, or someone from outside the family like a neighbour, co-worker, customer, etc. The concerned authorities include the police, and the ideal solution would be to get an AVO through the Local Courts in NSW.

How Does an AVO Work?

An AVO is a legal order that will strictly prevent the defendant from coming close to you or even trying to contact you. You can apply for an AVO against any person who has been violent towards you, instilled fear in you with intimidation, domestic abuse, sexual assault, physical violence, etc.

 

There are certain conditions included in an AVO. While the defendant is not allowed to continue their heinous acts, they can also not contact or cause any damage to the victim’s property in any way. When an AVO is issued to protect a victim, their families are also covered under this protection and the defendant can also not come close to the victim’s family.

 

Additionally, the defendant or the perpetrator cannot reside in the same house as the victim or possess any firearms. The defendant can speak to the victim only in the presence of a lawyer and should not be within a certain radius of proximity to the victim. These instructions must be adhered to, failing which, the defendants could face prison time and a non-criminal AVO takes the form of a criminal charge and goes into your records.

How to Apply for an AVO or ADVO?

Applying for an AVO or an ADVO is categorically a multi-step process. So if you are receiving threats, being harassed, being physically assaulted, or facing any such situation that makes you live in fear because of a certain person, the first thing you need to do is get an Apprehended Violence Order or Apprehended Domestic Violence Order. Let’s look at the stepwise process.

 

Contact the Police

When you are being repeatedly intimated by someone, be it from the family or outside, you need to contact the police and report the incidents. Also, you need to submit ample proof to substantiate the claims of threats, intimidation, or violence.

 

Provide a Statement

Provide a detailed statement of the incidents which instilled fear of the perpetrator and all details in relation to those incidents. The more relevant your information is, the more strong your complaint will be. The police can also help you apply for an AVO on your behalf.

 

Sign the Statement

Once the statement is completely furnished with all necessary and relevant details, you may check the same and sign it to mark your approval. You will get a copy of this statement and the police makes headway into the investigation of the matter.

 

Serving the Application

Once the application is done, the police serve the application to the defendant personally. After serving the application, the police fill out a Statement of Service that is to be submitted in the Court as proof of having informed the defendant of the application.

 

Going to Court

Once the application has been submitted in Court, the defendant will be intimated of the date and time when he or she needs to be in Court. The further process of submitting the evidence and proving that there are enough grounds for the victim to fear the defendant happens in Court. During the Court proceedings, you may argue your own case or get a lawyer to represent you. Victims of domestic violence can get some guidance from the Domestic Violence Practitioner Scheme about this.

Is an AVO a Criminal Record?

An AVO is not a criminal proceeding against you and does not get into your records. However, if you happen to breach the stipulations in the AVO, you will be charged and punished. Punishment includes a two-year imprisonment or a 50-unit penalty.



Conclusion:

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Key Questions to Ask at Your First Family Lawyer Consultation

9 September 2024
Key Questions to Ask at Your First Family Lawyer Consultation

Domestic Violence and Its Profound Effect on Custody Decisions

by Chris Van Langenberg • 27 June 2024
Domestic violence is a critical issue that significantly influences custody decisions under Australian family law. The guiding principle of the Family Law Act 1975 is the best interests of the child, which directs all decisions concerning child custody and visitation. Understanding Domestic Violence in Family Law Domestic violence includes a spectrum of abusive behaviours, such as physical, emotional, psychological, and financial abuse. The Family Law Act defines family violence as any violent, threatening, or controlling behaviour that induces fear in a family member. This comprehensive definition ensures the courts address various forms of abuse. How Domestic Violence Influences Custody Decisions 1. Best Interests of the Child The child's best interests are the paramount consideration in custody decisions. The court assesses several factors, prioritising the child's safety and well-being. Protecting children from physical and psychological harm, including exposure to domestic violence, is crucial. 2. Presumption of Shared Parental Responsibility Generally, Australian family law assumes both parents should share parental responsibility. However, this assumption is void if there are reasonable grounds to believe that a parent (or someone living with a parent) has engaged in family violence or abuse. In such scenarios, the court may grant sole parental responsibility to one parent to safeguard the child. 3. Impact on Contact Arrangements When deciding child contact arrangements, the court considers any existing domestic violence orders (DVOs) and their circumstances. A DVO doesn't automatically bar a parent from seeing their child, but it heavily influences the court's decisions. Depending on the severity and nature of the violence, the court may order supervised contact or, in extreme cases, no contact. 4. Supervised Contact If the court deems unsupervised contact with a parent potentially harmful, it may mandate supervised visits. These visits can occur at a contact centre or under the watch of a trusted third party, ensuring the child's safety during interactions. 5. No Contact Orders In severe instances where any contact with the abusive parent would harm the child's well-being, the court might prohibit contact entirely. This decision prioritises the child's safety and emotional health. Additional Considerations in Custody Cases Involving Domestic Violence The Family Law Act specifies considerations for the court in cases of domestic violence: Nature and Circumstances of the Violence: The court examines the type, frequency, and severity of the violence and its context. Impact on the Child: The physical and psychological effects of the violence on the child are thoroughly evaluated. Parental Capacity: Each parent's ability to care for and protect the child is assessed. Child's Views: Depending on the child's age and maturity, their views may also be considered. Legal Framework and Protections 1. Domestic Violence Orders (DVOs) DVOs are legal measures designed to protect victims of domestic violence by restricting the abuser's behaviour. These orders can prevent the abuser from contacting or approaching the victim and their children, playing a crucial role in custody and visitation decisions by highlighting the need for protective measures. 2. Family Court Interventions The Family Court can implement various actions to ensure children's safety in domestic violence cases. These actions include appointing an Independent Children's Lawyer (ICL) to represent the child's interests, ordering psychological assessments, and obtaining evidence from police and child protection agencies. The court may also require the abusive parent to attend parenting programs or counselling. 3. Mediation and Family Violence Typically, parents must attend mediation before seeking court orders for parenting arrangements. However, in domestic violence cases, this requirement can be waived to avoid endangering the victim. The court acknowledges that mediation may not be suitable when there is a significant power imbalance due to abuse. Conclusion  Domestic violence significantly impacts custody decisions in Australia, with the child's best interests as the primary concern. Courts strive to balance the child's need for meaningful relationships with both parents while ensuring their safety from harm. Legal tools like DVOs and the court's protective measures are vital in safeguarding children in these situations. If you're facing a custody battle involving domestic violence, it's essential to seek legal advice to understand your rights and the protections available for you and your child. At Maatouks Law Group, our experienced Family Lawyers in Sydney can provide the guidance and support you need during this challenging time.

Navigating the Dual Nature of Social Media in Our Connected World

27 June 2024
While the internet has brought the world closer, social media has taken it a step further, making it feel like everyone is just a click away. This connectivity allows us to stay in touch with family and friends, regardless of physical distance. However, this ease of connection comes with a need for caution. As users of social media, we must be mindful of what we share online. This is especially crucial during family law disputes, where indiscriminate posting can have serious consequences. The Impact of Social Media on Family Law: The Real-World Effects of Online Words: It's important to recognise that your online activities can have tangible consequences, affecting perceptions and behaviours. Courts now consider social media posts, comments, videos, and activities as evidence in family law cases. If you're involved in such matters, reducing your social media presence can be beneficial. From Sharing to Sanctions: Social Media Mistakes to Avoid: If you habitually post derogatory content about your ex-partner or share personal details freely, it's time to reconsider. These actions can backfire and negatively impact your case, especially if you're seeking a favourable judgement. Understanding the Legal Risks: Crossing Boundaries: Social Media and Family Law Violations: Section 121 of the Family Law Act prohibits sharing information about your family law issues on social media, with potential legal repercussions. Posts indicating violent behaviour, substance abuse, or other negative traits can harm your case in court. Digital Evidence: How Your Online Activities Can Influence Your Case: Your digital footprint can be scrutinised as evidence, reflecting on your parenting, financial status, and the veracity of your claims. Be cautious with your social media behaviour to avoid undermining your position in custody battles or financial disputes. Critical Missteps to Avoid: Balancing Privacy in Parenting and Property Disputes Online: It's crucial to understand the boundaries of sharing information online, especially regarding your ex-partner, co-parenting situation, or ongoing case details. Clear communication with your ex-partner about what can be shared is essential. Digital Hazards: When Social Media Posts Become Legal Liabilities: Social media should not be a platform for venting frustrations or making threats. Any statements or videos perceived as threatening or self-incriminating can be used against you in court. Choose your online words and actions carefully. The Evidence Factor: Screenshots as Legal Proof: The Digital Evidence You Leave Behind: Screenshots of your online posts can serve as solid evidence in family law cases. They can support testimonies or aid in cross-examinations, influencing the legal outcomes significantly. The Role of Social Media in Financial Disputes: During financial settlements, ensure your social media posts do not contradict your claims of financial hardship. Posts indicating a lavish lifestyle can undermine your case. Strategic Social Media Use: Guidelines for Collecting Evidence on Social Platforms: When gathering evidence online, adhere to ethical standards. Avoid deceptive practices like fake accounts or hacking. Ensure any collected evidence is supported by additional proof. Navigating the Challenges of Digital Evidence: For digital evidence to be admissible, it must be verified and authenticated. Proper collection, storage, and handling are crucial to maintain its validity. Any breaches in this process can raise doubts about the evidence's authenticity. How to Protect Yourself: When to Limit Your Social Media Activity: During legal proceedings, it's wise to limit your social media activity. If you must post, do so thoughtfully, as your posts can be used against you. Enhancing Your Social Media Privacy: Familiarise yourself with social media platforms' privacy settings, use strong passwords, enable two-factor authentication, and be selective about who can view your posts. Precautions and Best Practices: Guidelines for Social Media Conduct During Legal Disputes: Exercise restraint in your social media conduct during legal disputes. Avoid posting impulsively and consider how your posts might be perceived in relation to your case. The Importance of Legal Advice in Managing Social Media Risks: A legal advisor can help you understand the implications of your social media activity, guide you on what to avoid, and advise you on strategically using social media to support your case. They can also educate you on your rights and responsibilities in this context.

Avoiding Ex’s Debt After Divorce

27 June 2024
Navigating a divorce in Australia is challenging, but with proper support, you can proceed smoothly. Separating your finances from your ex-partner is essential and must be done decisively. Open discussions and clear arrangements are crucial to avoid financial confusion later. The Challenge of Debt in Divorce Divorce financial matters involve dividing both assets and debts. Ensuring fairness in both is difficult, especially with debts. Beyond Asset Division: The Hidden Battle of Debt in Divorce Liabilities like mortgages, credit card loans, personal loans, and student debts must be managed when a couple separates. These debts need arrangements for repayment or continued payments. Dividing assets is hard, but splitting debts is more complex, often leading to unfair distribution. Why Debt Division is Harder Than Asset Splitting Partners are eager to claim assets but reluctant to share debts. This common attitude complicates fair debt division. The long-term financial impact and the challenge of equitable debt distribution make it tougher than splitting assets, which is more straightforward. Seeking Fairness in Division Fairness is essential in dividing both assets and debts. Assessing both parties' debt situations helps determine responsibility and whether debts were for mutual benefit. Future financial capacities must also be considered. Equity Vs Practicality: Striving for Fairness in Debt Division Fair debt division requires balancing equity and practicality. While equity involves contributions and financial circumstances, practicality focuses on feasible solutions. Flexibility, cooperation, and open communication are key. A thorough financial assessment, including income, assets, and liabilities, is necessary. The Legal Framework for Fair Debt Allocation: Insight from Family Law The Family Law Act 1975 governs debt allocation for separating couples. Courts consider factors like when the debt was incurred, each party's contributions, and the impact on children in asset and debt division. Practical Steps for Fair Division Regardless of emotions, financial matters must be approached objectively for an equitable debt-sharing arrangement. A Slow and Steady Approach to Debt Division Debt division requires time and careful steps, including gathering financial information, assessing joint debts, prioritising high-interest debts, and exploring options for repayment. Honesty and cooperation are vital. Unveiling Hidden Debts: The Importance of Full Disclosure in Divorce Proceedings Both parties must legally disclose debts and assets during separation. Hiding debts can hinder fair division and lead to legal consequences and trust issues. The Role of Contributions and Circumstances in Debt Division Financial contributions include income, assets, and debt payments, while non-financial support also matters. Financial circumstances, such as income, assets, liabilities, and earning potential, are crucial in debt division. Handling Shared Debts Planning and open communication are essential in handling shared debts. Tackling Shared Debts: Mortgages, Loans, and Unreasonable Debts After disclosure and assessment, careful planning of shared debts is needed. Financial circumstances are considered, and repayment options are explored to create workable agreements. Who Pays What? Understanding the Allocation of Shared Debts Debt allocation depends on several factors, including whether debts were for reasonable household expenses or unreasonable spending. Reasonable debts may be shared, while unreasonable debts typically fall on the borrower. Preventive Measures During a divorce, it's important to stay financially aware to avoid taking on an ex’s debt or losing a claim to an asset. Staying Ahead: Preventive Measures to Avoid Taking on an Ex’s Debt Prenuptial agreements help, but staying aware of earnings, expenditures, borrowings, and outstanding debts during the relationship is crucial. This clarity aids in determining who takes on what debt during separation. Financial Literacy: A Shield Against Post-Divorce Debt Burdens Financial literacy involves understanding financial obligations, budgeting, managing debts, and saving. This knowledge helps avoid post-divorce debt burdens and ensures better financial circumstances. The Power of Financial Awareness in Preventing Debt Disputes Financially aware partners encourage open communication about assets and debts and take proactive measures like prenups. This awareness helps prevent major debt disputes. Taking Control of Your Financial Future Focus on long-term financial consequences and maintain control to ensure a secure future. Reclaiming Financial Independence After a Divorce Assess your financial situation, including income, expenditures, assets, and liabilities, to prevent unfair debt division. Highlight high-interest and long-term debts, and consider your repayment capacity. Seek professional financial guidance for debt-sharing agreements. Legal Recourse for Unfair Debt Division: Know Your Rights If debt allocation feels unfair, seek legal help. A family lawyer can guide you on your rights and assist in reopening your case if necessary, leading to reassessment of debts and assets. Developing a Financial Game Plan Post-Divorce After debt division, create a financial plan for a stable future. Seek professional advice if needed, and design plans that accommodate short- and long-term goals and savings. This helps maintain financial control and avoid future entanglements.

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