What is an AVO?
What is an AVO?
An apprehended violence order (AVO) is an order made by a court to protect a person from harm. Every AVO has one common condition – that the person (or defendant) not assault, molest, harass, intimidate or stalk the protected person for a specific period of time.
AVOs can have other conditions attached like, prohibiting the person from making contact with the protected person or not to go near the protected person’s home or workplace.
It is important to note that an AVO is not a criminal penalty – rather, it is a civil order and not something that will be on a criminal record.
There are two types of AVO:
Apprehended Domestic Violence Order (ADVO). An ADVO is an order made where there is a domestic relationship between the defendant and the complainant. A domestic relationship can includes relationships between married or de facto partners; people who have had an intimate relationship whether or not that relationship was a sexual relationship; people who live or have lived in the same household (like flatmates); relatives amongst others.
Apprehended Personal Violence Order (APVO). An APVO is an order made where the defendant and complainant are not, and have not been in a domestic relationship and are not related, for instance, neighbours or co-workers.
Who can apply for an AVO?
Most applications for AVOs are made by police, where police have concerns for a person’s safety. This is typically the case where there is an allegation of family violence.
If police make an application for an AVO on behalf of a person, a provisional order will be set in place before the matter goes to court.
Anyone over the age of 16 years can apply for either an ADVO or APVO. This is known as a private application. The process for a private application, is different in the first instance from an application made by police.
Where a person makes an application for a private AVO, a Local Court Registrar will first review the application. If the application is frivolous, vexatious or has no reasonable chance of success, it can be refused at this point. Otherwise, it is listed for first mention in the Local Court. No provisional order is made, unlike an application made by police.
Enforceability of an AVO
A provisional AVO becomes enforceable from the date it is served on the defendant. The AVO will continue to be enforceable until it is finalised at court or the expiration of a final order.
An application for a private AVO will become enforceable only upon an order of the court for an interim or final order.
When will the court make an order?
The court can make a final AVO when:
The defendant consents to a final order
After evidence is given and the magistrate is satisfied that the complainant (or protected person) has fears for their safety and those fears are reasonable;
Where the AVO has been served on the defendant and they do not attend court.
If a final order is not consented to by a defendant, the court will not make a final decision about the order at the first court date. Instead, the court will first set a timetable for written statements to be exchanged. The mater will then come back before the court to set a date for hearing – that is, a date in the future when witnesses for each side will give evidence.
How long will the AVO be in place?
Police commonly ask that a final order be for a period of two years – this is the default AVO period. Often this means that compliance with the AVO will often be for a longer period of time, taking into account the time for the court proceedings prior to a final order being made.
Property Recovery Orders
A Property Recovery Order is an order made by the court for a person (usually the defendant) to recover property from the place where the applicant is living. An order can be made for a person to obtain their clothing and personal items and other non-contentious items. Courts will usually not allow the recovery of shared furniture or other items where there may be some dispute between the parties about ownership.
What happens if I breach an AVO?
Breaching an AVO is an offence with serious consequences.
You can be charged by police with an offence. If this happens, you will need to go to court. The maximum penalty is 2 years imprisonment and/or a fine of $5,500.
Do I need a lawyer?
Often police AVO applications are made together with criminal charges being alleged. Anyone served with an application for an AVO should obtain legal advice from an experienced criminal lawyer.
Private APVO applications can be complex and time consuming, getting advice early from an experienced criminal lawyer can make a big difference to the way your case is run.
We can help. Get in contact with us today to have a chat about your matter and the best way forward.
This article contains general information only and does not constitute legal advice. Please contact us to obtain advice specific to your matter.
