Apprehended Violence Orders (AVOs)
Know Your Options, Protect Your Freedom
The AVO Facts:
AVOs protect people against harassment, intimidation, or violence.
If you breach an AVO, you could go to gaol.
AVOs Mario sees are mostly frivolous, vexatious or used for an ulterior motive, such as to gain an advantage in family law proceedings.
AVOs can damage your reputation, risk your future, jeopardise your job, affect your VISA, or stop you from seeing your children.
Mario Licha is an experienced Sydney criminal barrister who primarily represents men facing AVOs.
You can defend against an AVO. Speak with Mario.
Apprehended Violence Order (AVO) — Fight for Your Rights
Facing an Apprehended Violence Order can feel like you’ve been found guilty of a crime — before you’ve had your day in court. With Mario Licha, you have a fighting chance:
- He’s experienced in defending men facing AVOs.
- Mario listens to your side of the story.
- He builds your case.
- Mario works tirelessly to protect your rights.
- He is relentless in your defence.
- Allows you to retake control.
Apprehended Violence Orders
Your Quick Guide
What Does AVO Mean?
An Apprehended Violence Order (AVO) restricts your behaviour against certain people.
- Even if the allegations aren’t true, AVOs can restrict your life.
- A Provisional (police-issued) or Interim (court-issued) AVO could be made against you before the court hears the application and determines the issue on the merit of the case.
- AVOs are enforceable across Australia no matter what status they’re in — Provisional, Interim, or Final.
- The court decides if an AVO is needed based on whether the fears are reasonable and the suspected behaviour deserves this legal action.
- Apprehended Violence Orders are often associated with criminal charges like assault, intimidation, or property damage.
How Long Does an AVO Last in NSW?
- In New South Wales (NSW), a Final AVO can last several years.
- When the AVO ends, it will stay recorded that it was made and may continue to affect your life.
- Getting an AVO could affect future things like getting a job, affecting your VISA or seeing your children.
- If you work with kids, an AVO may sometimes affect a Working With Children Check (WWCC) — this could jeopardise your job, especially if the AVO was to protect a child.
- It’s important to understand that AVOs have serious effects, even after they finish.
- Never consent to an AVO until you speak to Mario.
What Are the NSW AVO Conditions?
An AVO has strict rules about how you can interact with the person who claims to need protection.
- You can not assault, threaten, stalk, harass or intimidate them.
- You cannot destroy or damage their property or harm their animals.
- Sometimes, the court might add more rules depending on your situation.
- It might say you can’t speak to them at all, or that you can’t go to certain places.
- Read the full conditions here.
Can I Stop, Defend, Vary, or Revoke an AVO?
If you receive an AVO, you have these options:
Consent to the AVO without admissions — you agree with the AVO, and say you will follow its rules, but you don’t admit doing what you’re accused of doing. If you consent without an admission — the Family Law Court can look at the fact you have an AVO against you.
Defend the AVO — with the help of a lawyer, you can show the court that the basis for the AVO is frivolous, vexatious or used for an ulterior motive.
Varying or revoking an AVO may be made to the court if there are good reasons to do so.
Do You Have To Attend Court for an AVO?
- If you get an AVO in NSW, you MUST go to court, even if you agree with it.
- If you don’t turn up, the court may make an AVO in your absence.
- Having an experienced barrister helps you with the court’s procedural requirements and the law.
- Mario will help you stay focussed on what is relevant.
Breaching an AVO
- Breaching an AVO is a criminal offence.
- You could be charged with a crime, have to pay a fine, or go to prison, as in the case of a violent breach or continuing breaches.
Defending an AVO
Defending an AVO can be very stressful. Any allegations made against you do not mean the allegations are true.
Remember:
- You have the right to defend yourself against any and all allegations.
- Defending an AVO protects your rights, your reputation, and your future.
- Mario Licha, a criminal defence barrister, will fight for you.
- He will listen to what happened, look closely at the evidence, point out the strengths and weaknesses of the case against you, and build a case for you.
- Mario is relentless and thorough in your preparation and representation.
How to Get an AVO
Any person can ask the police or the court for help with an application for an AVO.
- Asking for an AVO does not mean you are weak.
- The police may file and represent you in court for an AVO through the police prosecutor.
- You may also apply for a private AVO yourself or through a solicitor or barrister.
- If you choose to apply for a private AVO, speak with Mario.
AVO Costs
The costs of defending an AVO depend on lots of things — like having a lawyer and how complicated your case is.
- The law surrounding costs in AVO proceedings can be very confusing.
- You may have to pay the other person’s legal costs — but there are strict criteria depending on if you are prosecuting or defending a private AVO, or if it is a police-initiated application for an AVO.
- The court decides this amount based on what is just and reasonable.
- If you are defending an AVO and the AVO is dismissed, you may be able to get your legal costs back.
- Mario will provide you with realistic expectations of costs.
What Mario Can Do for You
Mario Licha is a criminal defence barrister who is on your side. He gets what you are going through and is there to support you every step of the way.
✔ Mario explains everything in a way you understand.
✔ Gives you advice on what options you have moving forward.
✔ Most of the AVOs Mario sees are frivolous, vexatious or applied for an ulterior purpose.
✔ He gives you honest advice on what the possible outcomes might be.
✔ Mario believes no man should be without legal representation.
✔ He has successfully defended many men in AVO cases since 2003.
✔ Mario supports men’s health and wellbeing.
AVOs — Detailed Information
The Types of Apprehended Violence Orders
Provisional AVO
- Can only be issued by the police.
- The police apply for a provisional AVO if they feel it is needed immediately.
- Once served on you a Provisional AVO remains in force until:
- It is revoked (cancelled).
- It is dismissed or withdrawn.
- The court orders an Interim or Final AVO.
Interim AVO
- An Interim AVO is when the court agrees someone needs protection until the application is heard on a Final basis.
- Or, the court is required to make an Interim AVO if you are charged with certain offences, such as intimidation or common assault.
- The court may also make an Interim AVO under specific practice and procedures of the court. Ask Mario what circumstances the court would make an Interim AVO.
- Only the court can make an Interim AVO.
- Provisional AVOs become Interim AVOs, except when:
- The AVO is cancelled completely.
- The case is dropped or thrown out.
- The court makes a Final AVO.
Final AVO
- The court can make the AVO Final if:
- You don’t turn up at court.
- You agree to the Final AVO.
- The applicant meets the criteria for a Final AVO at the final hearing.
- A Final AVO will remain enforceable for the duration of the order, and that depends on many factors, including what is asked for by the applicant and whether it is necessary to grant the AVO for the duration asked.
In New South Wales, when people talk about an AVO, they’re actually speaking about two different types — Apprehended Domestic Violence Orders (ADVOs) and Apprehended Personal Violence Orders (APVOs).
APVO (Apprehended Personal Violence Order)
This type of AVO is used when the person needing protection — and the person the order is against — are not in a domestic relationship. For example, neighbours, people they work with and friends.
ADVO (Apprehended Domestic Violence Order)
This type of AVO is only used when the person needing protection — and the person the order is against — are or were in a domestic relationship. For example, family members and people they are in a relationship with.
The Conditions Imposed by an Apprehended Violence Order
AVOs have rules that are included in all orders. These are known as mandatory conditions. But sometimes, there might be extra rules, depending on what is asked for based on the allegations against you.
Mandatory Conditions
If you have an AVO against you, you must not do any of these things to the person the AVO is protecting, or to anyone else that they have a domestic relationship with. You must not:
- Assault or threaten them, and
- Stalk, harass or intimidate them, and
- Intentionally or recklessly destroy or damage any property or harm an animal that belongs to or is in the possession of the person protected by the AVO.
Further Additional Restrictions
Depending on what happened in your case, the AVO might have some extra rules, like:
- Not to approach or contact a person or place.
- Not live at a particular address.
- Only contact the person being protected by an AVO through a lawyer.
These are just some examples.
Served With an AVO? Your Options
If an AVO application or a Provisional AVO is served on you, you have choices. It is really important to speak with an AVO specialist barrister before deciding what to do.
Consenting to the AVO
Your first choice is to consent to the AVO without admissions.
Consenting to an AVO has big consequences, so do not take it lightly. The rules can affect your life — like making it hard to get a job working with children or limiting what jobs you can apply for.
Do not consent to an AVO without admissions until you speak to Mario first.
Defending the AVO
For the court to grant a person an AVO they must satisfy the court on the criteria needed in granting an AVO.
In simple terms, defending an AVO will address the different criteria the court looks at when deciding whether to grant or not grant an AVO.
Speak with Mario about the criteria for your case.
Vary or Revoke an AVO
You can ask the court to revoke the AVO completely or vary the conditions or duration of the AVO, but the mandatory orders cannot be varied.
The person who is protected by the AVO or the police could consent or not consent.
If there is no consent to the variation or revocation of the AVO, the court must determine the matter in a hearing.
Speak with Mario about your options to vary or revoke an AVO.
Choose Mario Licha — Because Your Side of the Story Matters
If you are dealing with an AVO, it can feel like your whole world is falling apart. It can be very stressful — and the consequences can be serious.
False, frivolous, or vexatious allegations can affect your rights and reputation — you need a determined and understanding barrister to fight your cause.
Mario Licha is that barrister. He is based in Sydney’s CBD and represents clients across Sydney, NSW and Australia. Mario is your trustworthy, friendly, and experienced ally. He knows how much AVOs could hurt and mess up your life, and he will fight hard to make things right. Mario has one aim — justice for you.
Mario Licha…
✔ Believes in your cause.
✔ Understands the hurt and stress of AVOs.
✔ Gives you honest, understanding advice.
✔ Provides realistic expectations on the best outcomes for you.
✔ Supports men’s health and wellbeing.
✔ Knows many of the AVOs he sees are based on untruths or made with malice.
✔ Has years of experience in fighting AVOs.
✔ Talks your language without fancy legal words.
✔ Is a bloke that defends men like you.
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