What Is an Apprehended Violence Order?

An Apprehended Violence Order (AVO) is a protective order issued by a court designed to protect a person from violence, stalking, intimidation, harassment, or threats.  In NSW, AVOs are usually applied for by the police, though individuals can also directly apply through the Local Court. 

An AVO is not a criminal charge. Instead, it imposes legally enforceable conditions on another person (the defendant) to prevent further harm, intimidation, or fear. However, breaching an AVO is a serious criminal offence and may result in significant penalties, including fines or imprisonment.

Types of AVOs

There are two primary categories of Apprehended Violence Orders in New South Wales:

• Apprehended Domestic Violence Orders (ADVOs)

• Apprehended Personal Violence Orders (APVOs)

Apprehended Domestic Violence Orders (ADVOs)

An ADVO is a legal order designed to protect a person from violence, harassment, intimidation, or stalking by someone with whom they have, or have had, a domestic relationship. ADVOs commonly arise following relationship breakdowns or incidents involving family or domestic violence. 

What Is a Domestic Relationship?

A domestic relationship may exist where the parties:

• Are or were married, in a de facto relationship, or in an intimate partnership

• Live or have lived together

• Are related by family

• Are in a carer relationship

• Are part of the same Aboriginal or Torres Strait Islander kinship system

Two people can also be considered to have a domestic relationship with each other if they have both had a domestic relationship of the types listed above with the same person. For example, a woman’s ex-partner and her current partner are regarded as having a domestic relationship with each other, even if they have never met.

Apprehended Personal Violence Orders (APVOs)

An APVO is sought when there is no domestic relationship, but protection is still required due to violence, threats, harassment, intimidation, or stalking.

These orders commonly arise in situations involving neighbours, acquaintances, colleagues, or other non-family relationships.

To make an APVO, the court must be satisfied that the protected person genuinely fears the defendant and that this fear is reasonable in the circumstances.

Provisional, Interim, and Final AVOs

Provisional AVOs
In New South Wales, police may issue a provisional AVO where they believe a person requires immediate protection. A provisional AVO takes effect as soon as it is served and generally remains in force until the matter is first listed before the Local Court.

Interim AVOs
An interim AVO may be made by the Local Court to provide temporary protection while the application is ongoing. It remains in place until the court makes a final determination of the matter.

Final AVOs
A final AVO is made after the court has considered all evidence and submissions from the parties. The order will remain in force for a period determined by the court, commonly 2 years, or longer where necessary to ensure the ongoing safety of the protected person.

Consequences of an AVO
Although an AVO is not a criminal conviction and can be accepted without any admission of guilt, it may still have significant long-term consequences. These can include:

• Appearing on police or employment background checks

• Restrictions or impacts on firearms licences

• Effects on Working With Children Checks

• Limitations on eligibility for security-related and other regulated licences

What Is Assault?

Assault in New South Wales refers to intentionally or recklessly causing another person to fear immediate and unlawful physical harm. This can include acts such as striking, pushing, or threatening someone with violence. Assault offences vary in severity depending on the circumstances, the type of harm caused, and whether weapons or aggravating factors are involved.

Common types of assault include:

• Common assault – causing fear or minor physical touching without consent.

• Assault causing actual bodily harm (ABH) – resulting in more serious injury, such as bruises, scratches and minor cuts and laceration.

• Grievous Bodily Harm (GBH) – causing severe or life-threatening injury, often involving permanent damage or substantial risk to life.

• Aggravated assault – involving a weapon, serious injury, or targeting certain protected persons, such as police officers.

Assault offences are criminal matters and can carry penalties ranging from fines and community-based orders to imprisonment, depending on the seriousness of the offence.

What Is Sexual Assault?

Sexual assault involves any non-consensual sexual activity or behaviour. In NSW, this can include unwanted touching, sexual acts, or coercion. Consent must be freely given, and it can be withdrawn at any time.

Sexual assault charges are serious criminal matters with potentially severe consequences, including imprisonment and Mandatory Child Protection Registry. 

What to Expect

Facing an assault or sexual assault charge can be overwhelming. It is important to seek legal advice as early as possible. Kate Maher Criminal & Traffic Law can:

• Explain the specific offences and penalties

• Represent you in court, brief a barrister if requested

• Help gather evidence, witness statements, and expert reports

• Advise on defences, plea options, or diversion programs

Every case is unique, and outcomes depend on the specific facts, evidence, and legal arguments involved. Having skilled legal support can make a significant difference in protecting your rights and ensuring the best possible outcome.

Homicide

Homicide occurs when the actions - or in some cases, the failure to act - of a person result in the death of another. In New South Wales, homicide offences are divided into murder and manslaughter, as outlined in section 18 of the Crimes Act 1900 (NSW). The key distinction between these offences is intent: murder generally involves an intention to kill or cause serious injury, while manslaughter usually involves an unintentional death.

Murder
A murder charge applies where a person’s actions (or failure to act) cause another person’s death and are carried out:

• Intentionally, meaning the accused deliberately caused the death

• With reckless indifference to human life, where the accused knew, or should have known, their actions were likely to cause death

• With the intention to cause grievous bodily harm

• During the commission of a serious offence.

The prosecution must also prove causation, showing that the accused’s actions were a substantial and significant cause of the death. If causation cannot be established beyond reasonable doubt, a murder charge may reduce to manslaughter.

Manslaughter
Manslaughter generally applies where a death has occurred, but the evidence does not support a murder charge. It can be divided into:

• Voluntary manslaughter: where an intentional act leads to death, but mitigating factors reduce culpability

• Involuntary manslaughter: where death results from negligence or a reckless act without intent to kill

Defending a Homicide Charge
Being charged with homicide is understandably overwhelming. Kate Maher Criminal & Traffic Law can:

• Explain your rights and the legal process

• Assess the evidence and likelihood of conviction

• Identify potential defences

• Advocate for reduced charges or sentencing outcomes where possible

Traffic offences can be confusing and stressful, particularly where they involve demerit point suspensions, immediate licence suspensions, or the risk of disqualification by a court. The rules and processes differ depending on the type of offence, your driving history, and whether the suspension or disqualification is imposed by Transport for NSW or the court.

Some traffic matters allow time to consider options before a licence suspension takes effect, while others result in an immediate loss of licence, often before you have had the opportunity to seek legal advice. Understanding your rights, time limits, and available options is critical, as strict deadlines apply.

The appeals and review process can also be complex. In many cases, you must wait for a formal suspension or disqualification notice before an appeal or application can be made, and failing to act within the required timeframe may result in the loss of important legal rights.

At Kate Maher Criminal and Traffic Law, we provide clear advice on your options, assist with court appearances and licence appeals, and guide you through the process from start to finish. Early legal advice can make a significant difference to the outcome of your matter and help you protect your ability to drive.

Drink Driving Offences
Drink driving offences occur when an individual has a blood alcohol concentration (BAC) over 0.05%, or for provisional licence holders, having any concentration of alcohol. There are three categories:

1. Low Range/ Novice: BAC from 0.05% to 0.079%. Novice being for provisional drivers in which their BAC is between 0.01-0.05%

2. Mid-Range: BAC between 0.08% to 0.15%. 

3. High Range: BAC over 0.15%

Drug Driving Offences
Drug driving offences are often detected through roadside drug tests which use saliva samples to test for the following illicit substances:

• Cannabis 

• Ecstasy or MDMA 

• Cocaine 

• Methamphetamine 

If the results are positive, police can suspend you and request further tests such as blood or urine samples before charging you.

If you have been charged with a Prescribed Concentration of Alcohol (PCA) or drug driving offence, it is important to seek legal advice early. We can assist you in preparing your matter for court and advising you on the best course of action.

Kate Maher Criminal and Traffic Law will guide you through each step of the process and work towards resolving your matter efficiently and effectively.

Sentences
Sentences for drink and/ or drug driving can range from fines, interlock devices, licence disqualifications and, in addition to the other criminal penalties of Conditional Release Order (CRO), Community Correction Order (CCO), Intensive Correction Order (ICO) and full time imprisonment.

Our guidance will ensure you obtain the best result for your circumstance.

Drug-related offences in New South Wales range from minor possession matters to more serious charges involving supply, manufacture, cultivation, or importation of prohibited substances. The consequences of a drug charge can be significant and may impact your employment, travel, and future opportunities.

Drug offences can include:

• Possession of a prohibited drug

• Supply, including deemed supply based on quantity

• Manufacture or cultivation of prohibited drugs

• Drug use or possession of drug-related equipment

The process can be complex, particularly where police rely on quantities, admissions, or search powers to lay charges. In some cases, alternatives to conviction may be available, such as Drug Court, diversion programs, conditional release orders, or treatment-based options, depending on your circumstances and criminal history.

At Kate Maher Criminal and Traffic Law, we provide clear advice tailored to your situation and guide you through each stage of the process. This includes reviewing the evidence, advising on plea options, preparing court material, and advocating for the best possible outcome. Early legal advice is critical in drug matters and can significantly affect how your case is resolved.

Theft offences in New South Wales cover a wide range of conduct, from minor shoplifting matters to more serious allegations involving significant property or repeated offending. Even seemingly minor theft charges can carry lasting consequences, including criminal records and impacts on employment and travel.

Common theft offences include stealing, larceny, shoplifting, and offences involving property obtained dishonestly. The seriousness of a charge depends on factors such as the value of the property, how the offence was committed, and any prior criminal history.

The legal process can be complex, particularly where police rely on CCTV footage, witness statements, or admissions made during questioning. 

At Kate Maher Criminal and Traffic Law, we provide clear advice at every stage of the process. 

Fraud offences in New South Wales involve dishonestly obtaining a benefit or causing a loss to another person through deception. These offences can range from relatively minor matters, such as misrepresenting information on forms, to serious crimes involving large sums of money or sophisticated schemes.

Common types of fraud offences include:

• Obtaining property or financial advantage by deception – for example, falsifying documents to gain money or goods

• False representation – misleading someone about facts to benefit financially

• Credit card or identity fraud – using someone else’s financial information without permission

• Forgery and falsification of documents – creating or altering documents to deceive

• Aggravated or large-scale fraud – involving significant amounts or multiple victims

Fraud cases are often complex, relying on evidence such as financial records, electronic communications, and witness statements. Charges may carry serious penalties, including fines, imprisonment, and long-term impacts on employment and reputation.

Types of Appeals

In criminal law, there are many kinds of appeals, and they can arise in different circumstances depending on the outcome of the original case and what court it happened in. In summary, the different types of appeals in NSW are as follows:

1. Annulment of conviction in the Local Court

2. Appeal against Local Court sentence

3. Appeal against Local Court conviction

4. All Grounds Appeal (sentence and conviction)

5. Supreme Court of Criminal Appeal

At Kate Maher Criminal and Traffic Law, we help clients identify the most suitable type of appeal, prepare detailed legal submissions, and guide you through every stage to ensure your case is effectively presented and your rights are protected.

Bail allows a person charged with a criminal offence to remain in the community while their matter progresses through the court system. In New South Wales, bail decisions are governed by the Bail Act 2013 and focus on whether the accused presents an unacceptable risk, such as failing to appear in court, committing further offences, or interfering with witnesses.

First-instance bail applications for adults refused police bail are determined by a centralised Bail Division, operating virtually via Audio Visual Link (AVL) before specialist magistrates. The Virtual Bail Court Scheme (VBCS) currently applies across NSW and is intended to promote consistency and efficiency in bail decisions. Legal Aid NSW Duty Solicitors commonly represents eligible accused persons for first-instance bail applications through this centralised system. 

Bail applications are urgent and procedurally complex. Early legal advice can significantly improve the prospects of release and ensure that any application is properly prepared, supported by tailored submissions, evidence, and proposed conditions.

Matters before the Children’s Court of New South Wales are dealt with under a distinct legal framework that recognises the vulnerability of young people and prioritises rehabilitation over punishment. These matters can be complex and emotionally challenging for both children and their families.

The Children’s Court deals with criminal offences involving persons under the age of 18, as well as certain care and protection proceedings. The process differs significantly from adult criminal matters, with greater emphasis on diversion, support services, and outcomes that promote the child’s long-term wellbeing.

Possible outcomes in criminal matters may include cautions, youth justice conferences, conditional release orders, or, in more serious cases, supervised orders or detention. The court considers a range of factors, including the child’s age, background, personal circumstances, and prospects of rehabilitation.

At Kate Maher Criminal and Traffic Law, we provide careful, compassionate, and practical advice to young people and their families. We assist with court appearances, liaise with Youth Justice and other agencies, and work towards outcomes that minimise long-term consequences and support a positive future.