Police-Initiated AVO

To contest a police-issued Apprehended Violence Order (AVO) in NSW, your ex-partner should first seek legal advice. The process begins by attending the 'mention' date listed on the AVO, where your ex-partner can inform the court of their intention to contest it. They must then prepare for a 'hearing' where evidence and witnesses can be presented. It's crucial that your ex-partner gathers any evidence that supports their case, such as text messages or witness testimonies. Engaging an experienced solicitor can be beneficial to navigate the complexities of the court process. For more detailed information, you can refer to the LawAccess NSW guide on AVOs.

A police-issued AVO, known as an Apprehended Domestic Violence Order (ADVO) if domestic violence is involved, is initiated by the police when they believe there is a risk of violence or threats. It differs from a private application, where the individual seeks the order themselves. While reversing a police-issued AVO is challenging, it is not impossible. The subject of the AVO (your ex-partner, in this case) can apply to have it revoked or varied by demonstrating a significant change in circumstances or that the order is no longer necessary. This often involves legal proceedings and might require representation by a solicitor. More information can be found on the NSW Law Society website.

If the Apprehended Violence Order (AVO) remains in place, your ex-partner could face several implications. Primarily, they must adhere to the conditions set out in the AVO, which could restrict contact with you and access to certain locations. Breaching these conditions can result in criminal charges and potential penalties, such as fines or imprisonment. Additionally, an AVO may impact their ability to hold certain licences or employment, particularly in fields requiring a clean criminal record or security clearance. Furthermore, while there are currently no family law matters, any future proceedings could be influenced by the presence of the AVO, as it might be considered by the court in determining what arrangements are in the best interests of any children involved. More information on AVOs can be found on the LawAccess NSW website.

In NSW, conditions within an Apprehended Violence Order (AVO) can potentially be negotiated or modified. Since you are open to negotiating changes and the AVO was issued by the police, it's advisable to engage with a lawyer. They can assist in liaising with the police or court to discuss potential modifications. Common conditions that might be negotiable include contact restrictions or access to specific locations. However, modifications depend on the court’s assessment of risks to your safety. Given that you haven't yet communicated with the police about reversing the AVO, this would be a crucial step. Consulting with Legal Aid NSW or a local community legal centre could provide further guidance tailored to your situation.

The presence of an Apprehended Violence Order (AVO) can have significant implications on family law matters, such as custody or visitation rights. The AVO's conditions, especially those that restrict contact or impose proximity limitations, can directly influence a parent's ability to see their children. The Family Court considers the best interests of the child, and a current AVO might be viewed as relevant to the child's welfare and safety. It is important to inform the Family Court of any AVOs during proceedings, as they can impact custody arrangements or visitation schedules. To navigate these complexities, consulting a family lawyer who can liaise with the appropriate legal avenues is advisable.