Domestic Violence Lawyer – Tweed Heads and Gold Coast

If you have been served with an application for an Apprehended Violence Order (AVO), a Domestic Violence Order (DVO), or charged with a domestic violence offence, it is important to understand your legal position before going to court.

An AVO or DVO can have significant consequences for your family relationships, living arrangements and ability to contact certain people.

I have practised law since 1986 and have extensive experience representing clients in criminal and domestic violence proceedings.

I provide practical advice and court representation for clients in Tweed Heads, the Northern Rivers and the Gold Coast.

When you engage my practice, you deal directly with me. I will explain the allegations, the options available to you and the steps I recommend taking.

What Is an AVO or DVO?

In New South Wales, an Apprehended Violence Order is a court order designed to protect a person from violence, intimidation, stalking, harassment or other prohibited conduct.

There are two principal types of AVO:

• Apprehended Domestic Violence Orders (ADVOs): Generally concern people who have been in a domestic relationship, including spouses, former partners and certain family members.

• Apprehended Personal Violence Orders (APVOs): Generally concern people who are not in a domestic relationship, such as neighbours or work colleagues.

In Queensland, similar protection is provided through Domestic Violence Orders (DVOs), under different legislation.

The conditions imposed by an order depend on the circumstances. They may restrict contact with a protected person, attendance at particular premises or certain forms of behaviour.

An order may also affect arrangements concerning the family home and contact with children.

The making of an AVO or DVO does not, by itself, mean that you have been convicted of a criminal offence.

However, breaching an order can result in criminal charges.

What Happens if You Are Served With an AVO or DVO Application?

If you receive an application for an AVO or DVO, you should read the documents carefully and obtain legal advice before your first court appearance.

Depending on the circumstances, you may have several options.

You may be able to consent to an order without admitting the allegations, seek an adjournment to obtain advice, negotiate appropriate conditions or contest the application.

The correct approach depends on the evidence, the proposed conditions and the consequences the order may have for you.

Do not assume that agreeing to an order without admissions means it will have no practical consequences.

Once an order is made, its conditions are enforceable, and a breach may result in criminal proceedings.

Can You Contest an AVO or DVO?

Yes.

If you dispute the allegations or consider that the proposed order is unnecessary or contains inappropriate conditions, you may be entitled to contest the application.

A contested hearing allows the court to consider the relevant evidence and determine whether an order should be made.

Preparation is important. This may include examining the application, obtaining relevant documents, identifying witnesses and considering the evidence available to support your position.

Sometimes it may be possible to negotiate appropriate conditions without proceeding to a defended hearing.

I can advise you about the strengths and weaknesses of your position and represent you in court.

What Happens at the First Court Appearance?

The first court appearance is important because the court may need to consider whether an interim or temporary protection order should be made while the application is being determined.

In NSW, an interim AVO may remain in force until a further court date or final determination.

In Queensland, the court may make a temporary protection order while the application proceeds.

Depending on the circumstances, the court may also consider whether the matter can be resolved by consent or whether a contested hearing is required.

Conditions affecting contact with a former partner, residence at the family home or arrangements involving children can have significant practical consequences.

Obtaining advice before the first appearance can help you understand those consequences and prepare an appropriate response.

What Happens if You Breach an AVO or DVO?

Breaching the conditions of an AVO or DVO can result in criminal charges.

Examples may include contacting a protected person contrary to an order, attending a prohibited address or engaging in behaviour prohibited by the order.

The consequences depend on the particular offence, the circumstances of the alleged breach and the applicable legislation.

In NSW, section 14 of the Crimes (Domestic and Personal Violence) Act 2007 contains provisions dealing with breaches of AVOs.

Where a person is convicted of certain contraventions involving an act of violence against another person, the legislation provides for imprisonment unless the court otherwise orders.

Imprisonment is not automatic in every case.

The court must apply the relevant statutory provisions and sentencing principles.

If you have been charged with breaching an order, I can examine the evidence, advise whether the charge should be defended and, where appropriate, represent you in sentencing proceedings.

Domestic Violence Criminal Charges

Domestic violence allegations may also involve separate criminal charges, including:

• Common assault and assault occasioning actual bodily harm.

• Intimidation and stalking.

• Choking, suffocation or strangulation offences.

• Contravening an AVO or DVO.

• Property damage and other offences arising from domestic disputes.

A criminal charge and an application for a protection order are separate proceedings, although they may arise from the same circumstances.

The appropriate defence or sentencing approach will depend on the allegations, the available evidence and your individual circumstances.

I can advise you about your options, make representations to the prosecution where appropriate, and provide court representation.

Can an Existing AVO or DVO Be Changed?

In some circumstances, an application can be made to vary or revoke an existing protection order.

For example, changes in family circumstances may give rise to questions about contact arrangements, living arrangements or the conditions imposed by the order.

However, the court must apply the relevant legal requirements, and there may be restrictions on who can apply.

You must continue to comply with the existing order unless and until it is lawfully changed or expires.

An informal agreement with the protected person does not, by itself, authorise you to breach the order.

I can advise you about whether an application to change an order is appropriate.

How Carl Edwards Can Assist

I understand that domestic violence proceedings can be stressful, particularly where allegations are disputed or there are consequences for children, employment or living arrangements.

My role is to provide clear legal advice, explain the court process and represent your interests.

I can assist with defending AVO and DVO applications, negotiating conditions, applications to vary orders, associated criminal charges, defended hearings and sentencing matters.

Having practised law since 1986, I bring extensive courtroom experience to these matters.

I aim to provide practical advice and help clients understand what can realistically be achieved in their circumstances.

Speak With Carl Edwards Solicitor

If you have received an AVO or DVO application, been charged with a domestic violence offence or need advice about an existing order, contact my office to discuss your circumstances.

Carl Edwards Solicitor

Telephone: 0421 196 608

For further information about associated criminal charges and court representation, visit my Criminal Lawyers Tweed Heads page.

This page provides general information about domestic violence orders and criminal proceedings in NSW and Queensland. The legislation and court procedures differ between the two states. Individual legal advice should be obtained before deciding how to respond to an application or criminal charge.