An Apprehended Violence Order (AVO) is an order to protect a person(s) from domestic violence.

Broadly speaking AVO’s fall into two categories, an Apprehended Domestic Violence Order (ADVO) and an Apprehended Personal Violence Order (APVO): 

• Apprehended Domestic Violence Order (ADVO): this type of order only applies to people that are in a domestic or intimate relationship or are related.
• Apprehended Personal Violence Order (APVO): applies to all other people not related or in a domestic or intimate relationship. For example, co-workers, community members, neighbours or any other person that is being threatened, stalked or intimidated.

 For the Court to grant an AVO, a Magistrate must be satisfied that the circumstances are such that it is necessary to protect an innocent person from threats, violence, harassment, or reprisals. If you have children, they will also be protected by AVO.

An AVO is not a criminal charge however the breach of an AVO can lead to criminal charges and sanctions. It is also important to note that having an AVO can have consequences for the defendant in the course of their employment, for example if you are working with children or hold a firearms or security licence. An AVO may also have an impact on any ongoing family law matters.

Once an AVO has been issued, the defendant is prohibited from assaulting, harassing, threatening, stalking or intimidating the other party. This includes all forms of communication, including through social media, email and text message as well as in person.

 If you are the applicant, you should always keep a copy of the AVO with you. If you have children, consider giving a copy to their school as well.

Who can apply for an AVO

A person who has been subjected to family violence, or is afraid to be subjected to family violence or other violence, may apply for an AVO. This includes any person related by blood, marriage (including de facto), adoption, step-relationship, or affinity.

If you are concerned for your safety, or that of your children, contact the police for assistance. The police will be able to apply for a provisional AVO on your behalf and are responsible for serving the defendant with the AVO application.

Once a provisional AVO is served on the defendant, the AVO comes into effect immediately. This is a temporary AVO until you appear in Court.

You can also lodge a private application for an AVO yourself through the Local Court. Our criminal lawyers are experienced in both preparing and defending applications for an AVO and can guide you every step of the way.

Once the application for an AVO has been made you case will be listed for a mention. If you are the Applicant for an AVO and do not appear the application may be dismissed.

It is also not unusual that the applicant is also served with an application by the defendant. This is called a Cross Application, where both parties are seeking to obtain an AVO against each other. In these cases you are both the applicant and the defendant and it is essential that you get legal advice on how best to proceed.

When does the Court grant an AVO

An AVO can be granted by the Court if:

• The Magistrate is satisfied that there are fears for your safety and that those fears are reasonable;
• The Defendant has been served the AVO application but does not appear at court;
• The Defendant agrees to the AVO being made.

 If an AVO is made by consent, it is usually granted on the same day.

If a Defendant objects to the application for an AVO then the case will be postponed and a date given for a hearing. At the hearing, the magistrate will review all the information available and decide if an AVO should be granted. If you are the Defendant in an AVO hearing, contact our criminal defence lawyers for assistance in preparing for the hearing.

An AVO usually has a 2 year duration, however, in some cases the court may issue an AVO without an expiration date. If a final AVO was issued against you when you did not attend court, you can apply to have it annulled. Our criminal defence lawyers can explain the annulment process to you and help you prepare the application to the Local Court.

If you are the applicant and your circumstances change or you want to cancel an AVO, you can apply to the Local Court for a variation.

If you have personal property at the location where the other party works or resides, the court can make a property recovery order at the same time as the AVO to enable you to recover your personal property. The court may order the police to attend to ensure safety and compliance with the AVO.

Consequences of breaching an AVO

If the defendant knowingly breaches a condition of the AVO the police will investigate. If the police are satisfied there is sufficient evidence you may be arrested and charged with contravening the AVO. The penalties vary including up to 2 years imprisonment and fines of up to $5,500.

Whether you're applying for, or defending against, an AVO you must get legal advice to help you decide the best way to proceed. Our experienced criminal lawyers can help you navigate the requirements and attend Court with you.

If you are concerned about an AVO or have questions about the AVO process, contact us today for assistance.