What is an Apprehended Violence Order (AVO) & Apprehended Domestic Violence Order (ADVO)?

An Apprehended Violence Order (AVO) is an order made by the court that prohibits certain behaviour of the person you have taken the order against.

An Apprehended Violence Order is designed to protect you from future harassment, intimidation, stalking or violence. An AVO often states that the person cannot assault, harass, threaten, stalk, or intimidate you, or go within a certain distance of your home or place of work.

There are 2 types of Apprehended Violence Orders:

– Apprehended Domestic Violence Order (or ADVO) – An Apprehended Domestic Violence Order as taken against a family member, spouse or someone who you were intimately involved with.

– Apprehended Personal Violence Order (or APVO) – An Apprehended Personal Violence Order is used for protection from someone other than family members or spouses / ex spouses.

If you are considering making a complaint with the intention of issuing an Apprehended Violence Order, it is prudent to seek legal advice from experts in this field – contact Prime Lawyers.

When is it appropriate to take an AVO out against another party?

The court may issue an Apprehended Violence Order if it feels that there is a likelihood of; or that the person lodging the complaint has reasonable grounds to fear:

– The person receiving the order has a high propensity for violence
– Harassment, stalking or intimidation

If you feel concerned for your safety, it is important that you contact the police. If you feel uncomfortable in doing this directly, contact Prime Lawyers. Prime’s expert family lawyers have years of experience in dealing with Domestic Violence related matters, especially in the area of advising on the lodgement of Apprehended Violence Orders.

How does an Apprehended Violence Order protect you? – Conditions that may be included in an AVO

In issuing an Apprehended Violence Order or AVO, the court may include such conditions or restrictions of behaviour that it deems necessary for the protection of the person lodging the complaint. Unless the court otherwise orders, every Apprehended Violence Order prohibits the defendant from stalking the protected person or intimidating the protected person or any person with whom he/she has a domestic relationship.

An Apprehended Violence Order can include a condition excluding the defendant from premises, even if the defendant has a legal or equitable interest in the premises.

The conditions of an AVO can also be tailored to suit the circumstances of the case and can cater for situations where the parties wish to maintain contact.

Who can apply for an Apprehended Violence Order?

An Apprehended Violence Order can be initiated in the form of a complaint by either the protected person or by a police officer acting on behalf of the protected person.

Any person over the age of 16 can make a complaint for an Apprehended Violence Order by registering their complaint by completing a DVI form at the Magistrates Court.

In certain cases, the police are obliged to apply for an Apprehended Violence Order. Circumstances for police application for apprehended violence orders include:

– Domestic Violence Offences
– Stalking / Intimidation
– Child Abuse

This obligation applies unless the person is at least 16 years of age and either the protected person intends to make a private complaint for an Apprehended Violence Order or the police believe there is a sufficient reason not to make the complaint.

Can a defendant object to an Apprehended Violence Order?

A defendant may object to an Apprehended Violence Order, in which case, the matter will be adjourned for trial at a later date. It is common that an interim Apprehended Violence Order will be issued until the trial.

Enforcement of; and Penalties for Breaching an Apprehended Violence Order

It is a criminal offense for the defendant to knowingly breach an interim or final Apprehended Violence Order. The maximum penalty on conviction is a $5,500 fine or two years imprisonment or both. If the breach constitutes an act of violence and the defendant is at least 18 years of age, it is likely that the defendant will be sentenced to a gaol term.

How can an Apprehended Violence Order be Revoked?

An application may be made to the court to either change the conditions of or remove the Apprehended Violence Order completely. This application may be made by the protected person, the defendant, a police officer or a person acting on behalf of the protected person.

Author Bio: Elizabeth Lane has many years experience in Family Law working with the experienced Family Lawyers at Prime Lawyers in Sydney.

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