Domestic Violence Offences / AVO / Protection Orders
Our lawyers have decades of experience in responding to AVOs and Protection Orders.
Being subject to an Apprehended Violence Order (AVO) can lead to significant obstacles or difficulties in acquiring or renewing various licenses, such as those for firearms or certifications for working with children. These orders may also impose overly strict limitations on communication with partners and/or children. When this coincides with family law matters, the consequences can be severe. Therefore, it’s essential to adopt a thoughtful and strategic response as soon as an Order is issued.
Domestic violence offences are defined in the Crimes (Personal and Domestic Violence) Act 2007 as a personal violence offence committed by a person against another person with whom they have or had a domestic relationship.
These issues often bring about intense emotions, making it essential to approach them with sensitivity, balance, and a tailored strategy. We strive to minimise the impact of AVOs or Protection Orders on your daily life. In certain situations, a more assertive approach with a full defence may be necessary. In any case, having an experienced criminal defence team by your side is crucial.
A “domestic relationship” includes:
- Family members, even if they don’t reside together (including children)
- Spouses, partners, ex-spouses, and ex-partners
- The current partner of an ex-partner
- For Aboriginal or Torres Strait Islander individuals, anyone who is part of their extended family or kin as recognized by their cultural kinship system.
Common Domestic Violence Offences
- Common Assault
- Assault Occasioning Actual Bodily Harm
- Reckless Wounding
- Stalk and Intimidate
- Damage Property
- Use Carriage Service to Harass/Menace
Domestic violence related offences carry the same maximum penalties as non-domestic violence related offences, however there are two main distinctions.
Apprehended Domestic Violence Orders
Firstly, when a person is charged with a domestic violence related offence, they will also be served with an Apprehended Domestic Violence Order (ADVO). However, in some cases, a person will be served with an ADVO but no criminal charges are laid. See our Apprehended Violence Order page for more information on what an ADVO is and the consequences if it is breached.
General Deterrence
Matters involving Domestic Violence are treated extremely seriously by the court due to the fact these offences are extremely prevalent within our society. They often occur within the privacy of one’s household, so are therefore difficult to detect and deter.
For this reason, in sentencing domestic violence related matters, magistrate’s place a lot of weight on “general deterrence”. Essentially, this means that sentences are imposed not only to send a strong message to the offence, but to send a strong message to the community that domestic violence is a serious matter that is dealt with seriously by the court.