Apprehended Violence Orders (AVOs) are Court orders which seek to protect individuals. AVOs protect individuals by ordering defendants to modify their behaviour by imposition of certain conditions on their behaviour. The mandatory AVO condition, also referred to as condition one (1), states:

1. The defendant must not do any of the following to the protected person or anyone that the protected person has a domestic relationship with:

1. Assault or threaten them,
2. Stalk, harass or intimidate them, or
3. Intentionally or recklessly destroy or damage any property or harm any animal that belongs to or is in the possession of the protected person.

AVOs can also have additional conditions for example, orders can be made which prohibit the defendant from contacting the protected person, going within a certain distance of the protected person’s home or work or not being in the company of the protected person within 12 hours of consuming alcohol or drugs.

An apprehended domestic violence order (ADVO) is an AVO for the protection of a person against another person with whom they have or have had a domestic relationship.

An AVO made for protection of a person who is not and has not been in a relationship with the defendant is referred to as an apprehended personal violence order (APVO).

Types of AVOs

There are 3 types of AVOs:

1. Provisional AVOs: A Provisional AVO is order applied for by a police officer and granted by a Court or senior police officer. Police will apply for a Provisional AVO when they believe that someone needs immediate protection to:

• ensure their safety, or
• prevent substantial damage to their property.

2. Interim AVOs: An interim AVO is made by the Court until the AVO application is determined on a final basis. An Interim AVO remain in force until:

• it is revoked,
• a Final AVO is made, or
• the AVO application is withdrawn or dismissed.

3. Final AVOs: A Court will order a final AVO:

• By consent of the defendant, or
• After a show cause hearing if the Court is satisfied that an AVO is warranted.

Defendant’s options

Criminal Lawyers Blacktown | AMA Legal advice that on attending the first mention of an AVO only application, a defendant can:

1. Consent to the making of the AVO without admissions, or
2. Contest the making of the AVO and have the AVO application determined by the Court.

If an AVO is contested, the Local Court will set a timetable for filing and service of statements which is usually as follows:

1. Within 2 weeks of the date of the mention, the applicant is to file, at the Local Court, statements relied on in support of the application,
2. Within a further 2 weeks, the defendant is to file, at the Local Court, statements relied on in response to the AVO application,

Within a further week, the matter is brought back before the Court for a compliance mention where the Court considers the parties compliance with the timetable.

If the parties have complied with the timetable, the application is listed for a show cause hearing before a Magistrate.

Show cause hearing

According to Blacktown Criminal Lawyers | AMA Legal at the show cause hearing, all the evidence in chief is by way of the statements filed unless the Court grants leave for further evidence to be led orally. The deponents of the statements are then cross examined by the opposing party and the Magistrate applies the test for making if the AVO based on the evidence admitted on the application.

The test for making AVOs

The test for ADVOs is contained in section 16 Crimes (Domestic and Personal Violence) Act 2007 and the test only needs to be satisfied on balance of probabilities.

The test for APVOs is similar to the test for ADVOs with the difference being the existence of domestic relationship between the protected person and the defendant.

If an AVO is accompanied by criminal charges, the process of degerming the AVO is different to an AVO only application hearings.

Criminal Lawyers Blacktown | AMA Legal advice that the making of an AVO does not amount to a criminal conviction but may impact the defendant ability to obtain certain licences such as security licence or firearms license and may impact some clearances.

When served with an AVO, accused persons usually search for a criminal lawyer near me. The following factors may be considered by individuals when considering retaining a lawyer: