The Allegation

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A childcare worker from Guildford was the subject of an Apprehended Violence Order (AVO) application.

The prosecution alleged that:

• the accused engaged in conduct giving rise to fears for another person’s safety

• the circumstances justified the making of a protective order

• the allegations were serious enough to warrant court intervention

The matter proceeded as an AVO application, focusing on risk rather than criminal guilt.

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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:

• the allegations were contested

• the evidence did not reach the threshold required to justify ongoing orders

• 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:

• challenging whether the legal test for fear of future harm is met

• testing the credibility and reliability of the allegations

• identifying inconsistencies or lack of supporting evidence

• 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.

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The Court’s Findings

The Court ultimately determined that:

• the evidence did not justify the continuation of the AVO

• the legal threshold for making a final order was not met

• the application could not be sustained

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The Result

AVO application withdrawn
No final orders made
The accused was no longer subject to the proposed restrictions

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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:

• AVOs are civil orders, not findings of guilt

• the Court must be satisfied there is a need for protection

• applications can be withdrawn where that threshold is not met

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Our Expertise

At Abbas & Co Lawyers, we act in matters involving:

• AVOs (ADVOs and APVOs)

• allegations impacting employment and reputation

• contested hearings involving credibility disputes

• urgent court applications

We know how to:

• challenge weak or unsupported AVO applications

• protect clients’ professional standing

• negotiate withdrawals where appropriate

• achieve practical, effective outcomes

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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.