What to do if I am accused of a crime?

If you are accused of a crime, it is important to stay calm and protect your legal rights from the outset. Do not speak to police or anyone else about the allegation, and do not make any statements or admissions, as anything you say may be used against you. You have the right to remain silent and should exercise that right until you have received legal advice. Contact an experienced lawyer as soon as possible, follow their advice carefully, and keep any documents or information that may be relevant to your case, as getting early legal guidance can significantly affect the outcome.

Should I plead guilty or not guilty?

Whether you should plead guilty or not guilty depends on the specific circumstances of your case and should only be decided after obtaining legal advice. You should not enter a plea until you have fully understood the charges, the evidence against you, and your available legal options. An experienced lawyer can review the facts of your case, advise you on the strength of the prosecution's evidence, explain the potential consequences of each plea, and help you make an informed decision that is in your best interests.

Is it possible to avoid a conviction for a first offence?

Yes, in some cases it may be possible to avoid a conviction for a first offence, depending on the nature of the charge, the circumstances of the offence, and your personal background. Courts may consider alternatives such as a dismissal, conditional release order, or other non-conviction outcomes, particularly where the offence is less serious and you have no prior criminal history. An experienced lawyer can assess your situation, present your case effectively to the court, and advise you on the best strategy to maximise your chances of avoiding a conviction.

Do you offer free consultation for criminal law matters?

Yes — we offer a free initial consultation for criminal law matters so you can discuss your situation, understand your options, and get clear legal guidance before deciding how to proceed, with no obligation to retain us.

Do you offer fixed fees?

Yes — we offer fixed-fee options for many criminal law services so you can have clarity and confidence about your legal costs upfront, avoiding unexpected fees and making it easier to budget for your defence.

How do I get a divorce?

In Australia, you can apply for a divorce once you have been separated from your spouse for at least 12 months and there is no reasonable likelihood of reconciliation. Divorce applications are made through the Federal Circuit and Family Court of Australia and can be filed jointly or by one party alone. You do not need to prove fault, but you must satisfy the court that proper arrangements have been made for any children under 18. While you can apply on your own, obtaining legal advice can help ensure the process is completed correctly and that your rights regarding property, finances, and parenting matters are properly protected.

How does family law court divide marital assets?

The family law court divides marital assets using a structured process rather than an automatic 50/50 split. The court first identifies and values all assets and liabilities of both parties, including property, superannuation, savings, and debts. It then considers each party's financial and non-financial contributions, such as income, caregiving, and homemaking roles, as well as future needs including age, health, earning capacity, and care of children. Finally, the court assesses whether the proposed division is just and equitable in all the circumstances.

How does the family law court make decision about the custody of children?

When making decisions about the custody of children, the family law court's primary consideration is the best interests of the child. The court assesses factors such as the child's safety, their relationship with each parent, each parent's ability to provide for the child's physical, emotional, and developmental needs, and the benefit of the child having a meaningful relationship with both parents where it is safe to do so. The court may also consider the child's views, depending on their age and maturity, as well as any history of family violence or neglect, before making parenting orders that best support the child's wellbeing.

AVO Lawyer Sydney Expert Defence Against Apprehended Violence Orders

Served with an AVO? Charged with breaching one? Our Sydney AVO lawyers protect your rights, your record, and your relationships.

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Experienced AVO Lawyers Defending Your Rights Across Sydney

An Apprehended Violence Order (AVO) can have serious and lasting consequences — on your freedom, your relationships, your employment, and your reputation. Being served with an AVO does not mean you have to accept it. You have the right to contest it.

At Krayem & Co, our AVO lawyers in Sydney have extensive experience representing defendants in AVO proceedings across all NSW courts. We understand that AVO matters are often emotionally charged and that the allegations underlying them are not always straightforward. Our approach is thorough, strategic, and compassionate.

Whether you have been served with an interim AVO, need to contest a final AVO application at hearing, or have been charged with breaching an existing AVO, our lawyers will advise you clearly on your options and represent you effectively.

We also advise protected persons who wish to vary or revoke an AVO, and defendants who need to understand the practical implications of the conditions imposed on them.

Types of AVOs in NSW

Apprehended Domestic Violence Order (ADVO)

An ADVO is made where the protected person is in a domestic relationship with the defendant — including current or former partners, family members, and people in a close personal relationship. Police can apply for an ADVO on behalf of a victim. ADVOs typically last 2 years and carry serious consequences including impacts on parenting arrangements.

Apprehended Personal Violence Order (APVO)

An APVO applies where there is no domestic relationship between the parties — for example, neighbours, colleagues, or acquaintances. Either the victim or police can make an application. The standard of proof is the balance of probabilities and the applicant must show reasonable grounds to fear violence, harassment, or intimidation.

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How an AVO Matter Proceeds in NSW

1

Interim AVO Granted

Police or an applicant obtain an interim AVO. This takes immediate effect and the defendant is served with the order.

2

First Court Date

The matter is listed in the Local Court. The defendant can consent, seek an adjournment, or indicate they will contest the AVO.

3

Evidence & Negotiations

Your lawyer reviews the evidence, explores whether early resolution is possible, and prepares for a contested hearing if required.

4

AVO Hearing

If contested, a magistrate hears evidence from both sides. The applicant must prove the grounds for the AVO on the balance of probabilities.

5

Outcome

The AVO is dismissed, varied, or made final. Your lawyer can advise on appeal rights if the outcome is unfavourable.

Understanding AVO Conditions — What They Mean for You

Every AVO contains mandatory conditions and may also contain additional conditions tailored to the specific circumstances. It is critical that you understand exactly what you are and are not permitted to do while an AVO is in force.

Common AVO Conditions in NSW

Must not assault, threaten or intimidate

Must not stalk or harass

Must not contact or approach (exclusion zone)

Must not damage property

Cannot approach within set distance of home

Cannot approach school or workplace

Cannot contact via phone, text, or social media

Cannot approach through a third party

Consequences of an AVO Beyond the Order Itself

While an AVO is not a criminal conviction, it can have significant flow-on effects that many defendants do not anticipate:

Working With Children Check — an ADVO or APVO will be considered in assessments and may result in a bar or clearance being revoked
Security licences and firearms — an AVO will automatically trigger a prohibition on holding a firearms licence and may affect security industry licences
Family Court proceedings — the existence of an AVO is highly relevant in parenting and custody matters and will be considered by the Family Court
Employment — some employers conduct checks that may reveal AVO history, and certain regulated industries require disclosure
Immigration — AVO history may be relevant to visa applications and character assessments for non-citizens

Contesting an AVO — Can You Win?

Yes. An AVO application is not automatically granted. The applicant must prove to the court that the defendant has committed a relevant act (assault, stalking, harassment, intimidation) and that the protected person has reasonable grounds to fear that it will happen again.

Our AVO lawyers examine every aspect of the evidence — the consistency of the complainant’s account, the availability of independent witnesses, CCTV footage, text messages, and the broader context of the relationship. We have successfully had AVO applications dismissed and withdrawn where the evidence did not meet the required standard or where the circumstances did not justify the order sought.

Even where the underlying facts are not in serious dispute, we can often negotiate for reduced or modified conditions that minimise the impact on your daily life.

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Frequently Asked Questions — AVO Lawyer Sydney

What is an AVO in NSW?

An Apprehended Violence Order (AVO) is a court order that restricts a person from contacting or approaching the protected person. There are two types: ADVOs (domestic relationships) and APVOs (non-domestic). An AVO is not a criminal charge but breaching one is a criminal offence carrying up to 2 years imprisonment.

Can I contest an AVO in NSW?

Yes. If you do not consent to the AVO, you can have the matter listed for a defended hearing. The applicant must prove the grounds on the balance of probabilities. An experienced AVO lawyer can challenge the evidence and cross-examine witnesses on your behalf.

What happens if I breach an AVO?

Breaching an AVO is a criminal offence. The maximum penalty is a $5,500 fine or 2 years imprisonment, or both. For repeat or serious breaches, immediate custody is likely. If you have been charged with breaching an AVO, call Krayem & Co immediately on +61 2 8528 2943.

Does an AVO appear on my criminal record?

An AVO itself is not a criminal record — it is a civil order. However, it will appear on a police check. Breaching an AVO is a criminal offence and a conviction for breach will create a criminal record. An AVO can also affect Working With Children Checks, firearms licences, and family court proceedings.

How long does an AVO last?

Standard ADVOs last 2 years. APVOs vary. Courts can make orders for shorter or longer periods. In serious cases, AVOs can be made indefinitely. Once a final AVO is made, an application to vary or revoke it can be made after 12 months, or earlier if there is a change in circumstances.

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