Apprehended Violence Order Lawyers Penrith

AVO’s are Orders that a Court makes to protect people. AVO’s protect people by ordering Defendants not to do specific things. An AVO lists a number of things that the Defendant must not do.

There are two types of Apprehended Violence Orders; an Apprehended Domestic Violence Order and an Apprehended Personal Violence Order. We shall refer to these as Apprehended Violence Orders (AVOs).

AVOs are Orders that a Court makes to protect people. AVOs protect people by ordering Defenders not to do specific things. An AVO lists a number of things that the Defendant must not do, for example, not molesting, harassing or otherwise interfering with a person in need of protection (PINOP), not stalking the PINOP, not attending the PINOP’s home or sometimes being restrained from going within a certain radius of the PINOP’s home or the address of where the PINOP works.

If you accumulate enough licence points or serious offences within five years, you can be declared a habitual offender and lose your licence for 5+ years. Appeals are possible but time-limited. Early legal advice is crucial for anyone approaching this threshold.

An individual can apply to a Court to change the Orders in the AVO, extend the period of the AVO or cancel the AVO. The Application can be made to a Court by either the person in need of protection, the Defendant or a Police Officer.

AVO’s are generally heard in the Local Court and a Defendant has the right to appeal to the District Court against an AVO being made. Any Appeal must occur within twenty eight (28) days of the original orders being set down.

If you have not yet made the loan, you should ensure the loan is first documented, preferably by a deed, and clearly state in the document that the loan is repayable at some date after demand is made e.g. one month. This will make it clear that the 6 year limitation period does not start to run until demand is made.

If however, you have already made a loan that has not been documented, you need to obtain a ‘confirmation’ of the loan as soon as possible. Section 54 of the Limitation Act states that if a confirmation is made, the time that has elapsed between the making of the loan and the confirmation does not count in the 6 year limitation period and the 6 year period starts again. A confirmation can be obtained by:

• the borrower making a payment of interest
• the borrower making a part repayment of the loan
• obtaining a signed written acknowledgement from the borrower that the loan was made.

Alternatively, you can request the person to whom the money has been lent, enter into a loan agreement setting out the terms of the loan and providing for payment at some date after demand.

If you or anyone you know is proposing to make a loan, or has made a loan which has not been documented, and requires assistance to document the loan or if you would like further information about loans repayable on demand, please call [Michael Battersby](https://www.batemanbattersby.com.au///bateman_staff/michael-battersby/) or [John Bateman](https://www.batemanbattersby.com.au///bateman_staff/john-bateman/) on 02 4731 5899 or email [email protected].

It is a crime to disobey an AVO. If the Defendant disobeys any of the orders in the AVO, the Defendant may be arrested, charged and imprisoned.

Generally, when a complaint is sworn for an AVO the Defendant will be served with a copy of the complaint. At the first return date at the Local Court the Defendant may:-

• Consent to the Orders being sought on or without admissions basis;
• Decline to agree to an Order being made, however may give an Undertaking to the Court (which is not an Order); or
• Seek to have the matter listed for a Hearing to show cause why the Orders should be made.

At the first return date of the AVO if the matter is adjourned or listed for a Hearing to show cause why the Orders should be made, Interim Orders may be made pending the Hearing for further mentioning of the matter.

If the matter is listed for a Hearing to show cause why the Orders should be made the matter will proceed like any other Hearing. Evidence may be called by both sides. The Magistrate will than make a determination as to whether on the balance of probabilities it is appropriate to make an Order in favour of the PINOP.