At EAS Legal, we recently represented a client before the Downing Centre Local Court who had been named as the defendant in an Apprehended Personal Violence Order (APVO) application.
While APVO proceedings are civil in nature, a final order can have significant consequences for a person’s reputation, employment and personal life. Our client was determined to defend the application and instructed us that the allegations did not accurately reflect what had occurred.
Rather than waiting for the matter to proceed to a defended hearing, our team immediately undertook a detailed analysis of the applicant’s evidence.
Our Approach
As part of our review, we identified a number of significant evidentiary concerns, including material that appeared to involve:
Following our analysis, we prepared and served a Notice of Defended Position, clearly outlining the deficiencies in the applicant’s case.
We also advised that, should the proceedings continue, our client would be seeking costs on the basis that the application appeared to have been commenced and maintained contrary to the obligations imposed under section 49A of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
Given the issues identified, we urged the applicant to obtain urgent independent legal advice before continuing with the proceedings.
The Outcome
Following receipt of our correspondence and after obtaining legal advice:
By resolving the matter at an early stage, our client avoided the significant stress, uncertainty and expense associated with contested court proceedings.
Why This Result Matters
Not every APVO application should proceed to a final hearing.
Early and careful examination of the available evidence can expose significant legal and evidentiary issues that fundamentally affect the strength of an application. In appropriate cases, identifying those issues early and communicating them effectively can lead to a matter being resolved without the need for lengthy litigation.
This case demonstrates the importance of:
At EAS Legal, we understand that defending an Apprehended Personal Violence Order can have far-reaching personal and professional consequences. Our focus is always on identifying the most effective strategy to achieve the best possible outcome while minimising unnecessary stress and legal costs for our clients.
Defending an APVO?
If you have been served with an Apprehended Personal Violence Order (APVO) or another protection order application, obtaining experienced legal representation early can make a significant difference to the outcome of your matter.
EAS Legal regularly represents clients in defended intervention order and APVO proceedings across New South Wales and Victoria, providing strategic advice and strong advocacy from the earliest stages of a case.
1800 117 533
www.easlegal.com.au
EAS Legal – Strategic Criminal & Intervention Order Lawyers. Proven Results.
