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APPREHENDED VIOLENCE ORDERS (AVO) | GET ADVICE FROM OUR AVO LAWYERS
What is an AVO
An Apprehended Violence Order (AVO) is a civil order which aims to modify the behaviour of an individual to protect another person from violence or abuse directed towards them from the particular individual. The mechanisms of application and operation of AVOs are governed by Crimes (Domestic and Personal Violence) Act 2007 (CDPVA).
There are two types of Apprehended Violence Orders (AVO):
APPREHENDED DOMESTIC VIOLENCE ORDER | ADVO
Apprehended Domestic Violence Order (ADVO) apply to people who are or were in a domestic relationship.
APPREHENDED PERSONAL VIOLENCE ORDER | APVO
Apprehended Personal Violence Order (APVO) apply to people who are not in a domestic relationship.
Definition of Domestic Relationship
Section 5 CDPVA defines the following as people in a domestic relationship:
- Partners whether married or de facto, or
- People with intimate personal relationship, or
- People living in or have lived in the same household, or
- Relatives
There are other relationships which also come within the ambit of domestic relationship not mentioned above.
Who can apply
An individual can apply for an Apprehended Violence Orders (AVO) by application to the Local Court or CDPVA allows NSW Police to apply on behalf of person in need of protection (PINOP).
The NSW Police have the power to apply to the Local Court for an AVO and issue a provisional AVO which will be binding on the receiving party (Defendant) until the matter is decided by the Court.
Court process
Court process
When the Apprehended Violence Orders (AVO) is served to the Defendant, the Defendant must attend Court on the date specified in the AVO application.
On the first Court date, the Defendant has the following options:
- Consent, without any admissions, to the making of the AVO on a final basis for a period of time, or
- Contest the making of the AVO, or
- Seek a short adjournment to obtain legal advice.
If the Defendant contests the AVO application, the Court will usually make orders for filing and service of statements also referred to setting a timetable which usually includes the following orders:
- Applicant to file and serve their statements within 2 weeks,
- Defendant to file and serve their statements within a further 2 weeks, and
- The matter is listed for Compliance mention within a further week.
At the Compliance mention, if the Court is satisfied that the parties have complied with the timetable, the matter is listed for a show cause hearing. Get help from AVO lawyers in Sydney now!
THE TEST FOR MAKING AVO
At the show cause hearing, the evidence in chief is usually given by the written statements and the parties are afforded an opportunity to cross examine the person who have provided written statements.
When determining whether or not to make an AVO the Courts consider sections 16 & 17 CDPVA for ADVO and sections 19 & 20 for APVO.
If the Court is satisfied, on balance of probabilities, that a person has reasonable grounds to fear and in fact fears commission of domestic violence or personal violence offences against them, then the Court will make the AVO.
When granting the AVO, the Court must impose the mandatory condition below and the Court has the power to impose further conditions as it deems appropriate.
The mandatory condition of any AVO is as follows:
- 1. The Defendant must not do any of the following to the protected person or anyone the protected person has a domestic relationship with:
- assault or threaten them,
- stalk, harass or intimidate them, and
- intentionally or recklessly destroy or damage any property that belongs to or harm any animal that is in the possession of them.
Breaches of AVO
While the making of an AVO does not lead to a criminal record for the Defendant, any breaches may constitute a criminal offence contrary to section 14(1) CDPVA which carries a maximum sentence of up to 2 years jail and/or fines of up to $5,500.00.
If the breach of AVO includes actual violence, the Courts are mandated to impose a custodial sentence on finding of guilt unless the Court thinks otherwise.
A person who has had an AVO against them will not be able to obtain a Firearms licence or a security license and the AVO may also impact the person ability to obtain certain types of employment.
An ADVO may also impact any family law proceeding between the parties. Getting help from an experienced AVO solicitor in Sydney can get you better results.
Variation of AVO
The Defendant, in certain circumstances, may make a AVO variation application to the Court. Whether or not a Defendant can make a variation application will depend on factors such as type of AVO or if children are named as PINOPs or whether there has been change in circumstances.
The above should not be treated as legal advice but general information.
For a free consultation with a Criminal Lawyer in Sydney, call AMA Legal on (02) 8610 3764.
