Being accused of domestic violence or served with an AVO can turn your life upside down — often without warning. You may have been removed from your home, separated from your children, or facing criminal charges based on one person’s account of events. Whatever the circumstances, you need advice from a lawyer who understands both the legal process and what is at stake for you personally.
At Catron Simmons Lawyers, located at Bella Vista we act for people across the Windsor & Hawkesbury District and greater Sydney, including the Blue Mountains, with one of our founding principals based in the area for those facing domestic violence allegations or AVO applications. We will listen to your side of the story and give you honest, practical advice about where you stand and what your options are. We regularly appear at Penrith and Windsor Local Courts for domestic-related matters.
What is an AVO?
An AVO — or Apprehended Violence Order — is a court order that restricts what a person can do around the protected person named in the order. There are two types:
An Apprehended Domestic Violence Order (ADVO) applies where the parties are in a domestic relationship — this includes current or former partners, family members, and people who share or have shared a household.
An Apprehended Personal Violence Order (APVO) applies in non-domestic situations, such as disputes between neighbours or colleagues.
Many people are surprised to learn that police can apply for an AVO on behalf of a complainant — meaning the complainant cannot simply withdraw it once it has been taken out. If police attend a domestic incident, they are required by law to consider whether an AVO application is necessary, regardless of whether the complainant wants one.
Does an AVO mean I have a criminal record?
An AVO itself is not a criminal charge and does not result in a criminal conviction. However, breaching an AVO is a serious criminal offence carrying a maximum penalty of two years imprisonment and/or a fine of $5,500.
It is also important to understand that an AVO application is often accompanied by criminal charges — such as common assault, stalking or intimidation. These are separate matters that need to be dealt with in their own right.
Assault and domestic violence charges in NSW
Domestic violence offences in NSW are treated seriously by police and the courts. A domestic violence designation can be applied to a range of criminal charges, including:
Common assault — where a person intentionally or recklessly causes another person to apprehend immediate violence. This is the most frequently charged offence in domestic incidents.
Assault occasioning actual bodily harm (AOABH) — where the assault results in physical injury. This carries a maximum penalty of five years imprisonment, or seven years where the offence is committed in a domestic violence context.
Stalking or intimidation — this charge is commonly laid in domestic violence matters and carries a maximum of five years imprisonment. Importantly, it does not require physical contact — threatening behaviour, repeated messaging or showing up at someone’s home or workplace can all form the basis of this charge.
Destroying or damaging property – Also known as malicious damage, this charge arises frequently in domestic incidents — commonly involving damage to a shared home, a partner’s vehicle, or personal belongings. Under the Crimes Act 1900 (NSW), the maximum penalty is five years imprisonment, rising to ten years where the damage is caused by fire or explosives. In lower-value matters the offence can be dealt with summarily in the Local Court, but where the alleged damage is significant, the matter may be committed to the District Court. The value of the damage and the circumstances in which it occurred will both affect how the charge is prosecuted.
Contravene AVO / Breach AVO – Breaching an AVO does not have to involve violence. Sending a text message, attending a prohibited location, or passing on a message through a third party can all result in a charge. The maximum penalty is two years imprisonment, rising to five years where violence is involved.
Use Carriage Service to Threaten Menace or Harass – This is a Commonwealth offence under section 474.17 of the Criminal Code Act 1995 and is increasingly common in domestic violence matters. It covers threatening or harassing phone calls, text messages, emails and social media messages sent to a former partner or family member. The offence carries a maximum penalty of three years imprisonment. What many people do not realise is that a single message — even one sent in the heat of the moment — can be enough to found a charge. Screenshots are routinely tendered as evidence, and deleted messages can often be recovered by police.
Contesting an AVO
If you want to contest an AVO, the matter will be listed for a hearing before a magistrate. At the hearing, the court will consider whether, on the balance of probabilities, the protected person has reasonable grounds to fear the defendant.
There are a number of reasons an AVO may be successfully contested — including where the allegations are exaggerated, fabricated, or arise from a disputed separation or family law dispute. We will review the evidence carefully and advise you honestly on whether contesting the order is in your best interests.
What happens after a domestic violence arrest?
If police charge you with a domestic violence offence, you will typically be taken into custody and brought before a court sometimes this will mean that you may spend some time in custody including overnight. In domestic violence matters, bail conditions often include a prohibition on contacting the complainant or returning to the family home.
This is one of the reasons early legal advice matters so much. What happens at that first court appearance can affect where you live, whether you can see your children, and how the rest of the proceedings unfold.
Local courts we appear in
Our lawyers appear regularly in the local and district courts serving the Hawkesbury and Windsor surrounds and Greater Sydney, including:
- Windsor Local Court
- Penrith Local & District Court
- Lithgow Local Court
- Katoomba Local Court
- Parramatta Local Court
- Blacktown Local Court
- Mt Druitt Local Court
- Sydney District & Local Court
We often attend courts within NSW and have been known to venture as far as Lightning Ridge.
Why choose Catron Simmons Lawyers?
Domestic violence and AVO matters move quickly. An early call to our office means you go into that first court appearance — or that first police interview — knowing exactly where you stand.
We regularly appear at courts in the Hawkesbury and Windsor surrounds. We understand the local courts, the local prosecutors, and the way these matters tend to run. That experience makes a real difference when it comes to achieving the best possible outcome for you.
Get advice today
If you have been charged with a domestic violence offence, served with an AVO, or simply received a phone call from police asking you to come in for a chat, call us 0407 171 626 (Alicia) or 0407 534 5694 (Michelle) before you do anything else.
A confidential conversation with one of our criminal lawyers costs nothing and could make all the difference.