Defending an Apprehended Violence Order
An Apprehended Violence Order is a civil application made either by the Police or a private person to protect a person from harm. The harm can be emotional or physical. It can involve stalking or harassment.
The matters are heard in the Local Court before a Magistrate. It is important to be aware that whilst it is not a criminal matter it becomes a criminal matter if there is a breach of an order once it is made by the Court.
An Apprehended Violence Order can have serious implications on a person's future. This can include employment prospects and even attendance at children's school excursions and functions. They do show up on criminal record checks. They can impact on your rights to see and spend time with your children. They are often used in Family Law Court proceedings.
There are two common ways of dealing with Apprehended Violence Orders if you find yourself served with one by the Police. You can choose to accept the Orders as sought. Or you can choose to oppose the Orders in Court. It is important to remember that you should not accept an Order if you believe that it is applied for on facts that are not correct.
If you decide to not accept the Order and to oppose it, you will likely need a lawyer to assist you and represent you at the Court Hearing.
At Able Defence Lawyers we are experienced with many years of experience in conducting these types of matters in the Local Court. We have successfully opposed Apprehended Violence Order Applications for many clients. This is particularly the case when the Applications have been Applied for unfairly or where there is no legitimate reason for a person to need or have an order to protect themselves from harm.
Our most recent success was for a young man who had an Application taken out by Police on behalf of an ex-girlfriend. The ex-girlfriend had exaggerated many of the facts to the Police. At the Hearing of the matter at Court the Magistrate was not satisfied that there were sufficient grounds to warrant the making of an Apprehended Violence Order. The client was extremely happy at this outcome.
We are happy to answer questions and assist people in knowing what there rights are. Contact us on 1300 859 713.