APPREHENDED VIOLENCE ORDERS (AVO’s)

Apprehended Violence Orders (AVOs)

There are generally two types of AVOs

Apprehended Domestic Violence Orders is when the court can make orders in a situation where a person is seeking protection in a domestic relationship with another person that they are seeking protection from, for whatever reason.

Apprehended Personal Violence Orders is when the court makes orders in situations where there is no domestic relationship; for example protection from neighbours, family members, fellow workers etc.

AVOs usually involve the acts (or threats) of violence, harassment, intimidation, or stalking of one person to another.

AVOs can be issued by the police immediately and on a provisional and interim, temporary basis to protect thos requiring protection until a court hears the matter.

AVOs can be applied for without police involvement, but you should make sure that you are doing the right thing by applying for the AVO. Not only are there serious consequences for the persons who are the subject of the order, there can also be serious consequences for those who make less than honest claims of being in threat of violence.

You can defend an AVO if someone has taken out one against you.

There are many conditions noted on an AVO, but the main conditions which are normally mandatory are:

The defendant must not do any of the following to the protected person;

i) assault or threaten them;

ii) stalk, harass or intimidate them;

iii) deliberately or recklessly destroy or damage anything that belongs to the protected person;

Additional orders can be sought depending on the circumstances, for example:

The Defendant must:

i) no longer be allowed to reside at the family home;
ii) not be allowed to contact the protected person except through a lawyer or nominated person;
iii) not be allowed within a certain distance from the protected person/s residence, work or school;
iv) not be allowed to possess any firearms or weapons.

If you need further information or assistance, it’s best to speak with a legal professional.