CASE STUDY
‘Insufficient evidence’ against childcare worker
The Allegation
A childcare worker from Guildford was the subject of an Apprehended Violence Order (AVO) application.
The prosecution alleged that:
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the accused engaged in conduct giving rise to fears for another person’s safety
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the circumstances justified the making of a protective order
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the allegations were serious enough to warrant court intervention
The matter proceeded as an AVO application, focusing on risk rather than criminal guilt.
The Reality of the Case
The case ultimately turned on whether there was sufficient basis for the AVO to remain in place.
Before the Court:
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the allegations were contested
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the evidence did not reach the threshold required to justify ongoing orders
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the case did not establish a continuing need for protection
In New South Wales, an AVO is a civil order and depends on whether there are reasonable grounds to fear future violence—not simply past conflict.
Our Defence Strategy
In AVO matters, the defence typically focuses on:
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challenging whether the legal test for fear of future harm is met
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testing the credibility and reliability of the allegations
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identifying inconsistencies or lack of supporting evidence
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demonstrating that the order is unnecessary in the circumstances
The strategy centres on showing that the application is not supported by sufficient evidence or ongoing risk.
The Court’s Findings
The Court ultimately determined that:
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the evidence did not justify the continuation of the AVO
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the legal threshold for making a final order was not met
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the application could not be sustained
The Result
AVO application withdrawn
No final orders made
The accused was no longer subject to the proposed restrictions
Why This Case Matters
This case highlights an important legal principle:
AVOs are not automatic—they must be supported by evidence of real risk.
It reinforces that:
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AVOs are civil orders, not findings of guilt
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the Court must be satisfied there is a need for protection
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applications can be withdrawn where that threshold is not met
Our Expertise
At Abbas & Co Lawyers, we act in matters involving:
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AVOs (ADVOs and APVOs)
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allegations impacting employment and reputation
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contested hearings involving credibility disputes
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urgent court applications
We know how to:
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challenge weak or unsupported AVO applications
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protect clients’ professional standing
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negotiate withdrawals where appropriate
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achieve practical, effective outcomes
Speak to Us
If you or a loved one is facing an AVO application, early legal advice is critical.
These matters can impact employment, family arrangements, and reputation.
Contact Abbas & Co Lawyers to discuss your options.
