Can You Defend an AVO in NSW?

Yes. If you disagree with an Apprehended Violence Order (AVO), you have the right to defend the application in court.

Many people assume that once police apply for an AVO, there is nothing they can do. That is not correct. If you oppose the application, the court can hear evidence from both parties before deciding whether an AVO should be made.

Whether defending an AVO is the right decision depends on your individual circumstances, the available evidence and your personal objectives.

Michael Confos regularly represents clients defending AVO applications throughout Sydney and NSW. If you’ve been served with an AVO, contact ⁠AVO Lawyer Sydney today for a free consultation before your next court date.

Do I Have to Accept an AVO?

No.

If you disagree with the allegations or believe an AVO is unnecessary, you may choose to oppose the application.

Before making that decision, you should understand:

• the allegations against you

• the available evidence

• the potential consequences of defending the matter

• the likely costs and time involved

Obtaining legal advice before deciding whether to defend an AVO is strongly recommended.

What Happens If I Defend an AVO?

If you oppose the application, the matter will usually be listed for a defended hearing.

At the hearing, the court may hear evidence from:

• the protected person

• police witnesses

• other witnesses

• you, if appropriate

• any witnesses called on your behalf

After considering all of the evidence, the Magistrate will decide whether the AVO should be made.

What Does the Court Consider?

Every case is different.

The court considers the evidence presented by both parties and whether the legal requirements for making an AVO have been satisfied.

Factors may include:

• the alleged conduct

• the credibility of witnesses

• any supporting evidence

• whether the statutory requirements have been established

Each case is determined on its own facts.

Can I Consent Without Admissions?

Yes.

Many people choose to consent without admissions.

This means you agree to the AVO being made without admitting that the allegations are true.

Depending on your circumstances, this may avoid the need for a defended hearing.

Whether this is the right option depends on your individual situation.

Before deciding whether to defend an AVO or consent without admissions, speak with Michael Confos. Learn more by visiting ⁠AVO Lawyer Sydney.

What Happens If I Lose?

If the court decides an AVO should be made, the order will take effect and you must comply with all of its conditions.

Breaching an AVO is a criminal offence and may result in:

• arrest

• criminal charges

• a criminal record

• fines

• imprisonment

It is important to understand the conditions of any order made against you.

Is Defending an AVO Always the Best Option?

Not necessarily.

Some people successfully defend AVO applications.

Others decide that consenting without admissions is the more appropriate outcome.

The best approach depends on:

• the strength of the evidence

• your personal circumstances

• the conditions being sought

• the potential impact on your employment, family or future

Every case should be assessed individually.

Should I Get a Lawyer?

Yes.

Although you are entitled to represent yourself, AVO proceedings can involve complex legal issues and evidentiary rules.

An experienced criminal lawyer can:

• explain your options

• review the prosecution material

• negotiate with police where appropriate

• represent you in court

• prepare your case for hearing

Early legal advice often provides the greatest opportunity to achieve the best possible outcome.

Frequently Asked Questions

Can I defend an AVO?

Yes. If you oppose the application, the matter may proceed to a defended hearing where the court will determine whether an AVO should be made.

What is a defended hearing?

A defended hearing is a court hearing where both parties present evidence before a Magistrate makes a decision.

Can I consent without admissions?

Yes. Many people choose to consent without admissions, meaning they do not admit the allegations but agree to the order being made.

Should I hire an AVO lawyer?

Yes. Legal advice can help you understand your options and decide whether defending the application is in your best interests.

Key Legislation

AVO proceedings are primarily governed by:

• Crimes (Domestic and Personal Violence) Act 2007 (NSW)

• Evidence Act 1995 (NSW)

Relevant Case Law

Whether an AVO should be made depends on the evidence presented and whether the requirements of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) have been satisfied.

Each matter is determined on its own facts.

Need to Defend an AVO?

If you’ve been served with an AVO and are considering opposing the application, obtaining legal advice before your first court appearance is essential. Understanding your options early can help you make informed decisions and avoid costly mistakes.

Michael Confos is a criminal lawyer in Sydney who regularly represents clients defending ADVO and APVO applications throughout NSW. Whether you’re considering a defended hearing or consenting without admissions, experienced legal advice can make a significant difference.

Call today for a free consultation or learn more by visiting ⁠AVO Lawyer Sydney.

You may also find these articles helpful:

• ⁠AVO Lawyer Sydney

• ⁠What Is an AVO in NSW?

• ⁠What Happens If You Breach an AVO in NSW?

• ⁠Can an AVO Be Dropped in NSW?

Disclaimer

This article provides general information only and is not legal advice. The law may change, and every case depends on its own facts. Reading this article does not create a solicitor-client relationship with Michael Confos. If you require legal advice about an AVO or any other criminal matter, you should obtain advice from a qualified Australian lawyer.