A Comprehensive Guide To An Apprehended Violence Order
An Apprehended Violence Order (AVO) is a legal document designed to protect people from violence, harassment, or intimidation. It’s a court order that sets rules for how someone must behave towards another person. AVOs aim to keep people safe from harm and prevent further violence. In other countries, these may also be referred to as restraining orders, intervention orders, or protection orders.
Apprehended Violence Orders (AVOs) can be issued for many reasons. They might be used in cases of domestic or family violence, stalking, or threats. The order can stop someone from going near a person’s home or workplace. It can also ban them from contacting the protected person.
Understanding AVOs is important for both those seeking protection and those subject to an order. This guide will explain what AVOs are, how they work, and what they mean for everyone involved. It will cover the different types of AVOs and the court process for getting one.
Disclaimer: This article is intended for general informational purposes only and should not be construed as legal advice. For expert legal advice tailored to your situation, please contact us for a free consultation at (02) 8378 8585.
Understanding AVOs
An Apprehended Violence Order (AVO) is a legal tool designed to protect people from harm. It sets rules for someone’s behaviour to keep others safe. These orders are similar to intervention orders used in some other states.
Definition and Purpose of an AVO
An Apprehended Violence Order (AVO) is a court order that aims to protect a person from violence, harassment, or intimidation. The main goal of an AVO is to ensure the safety and well-being of the protected person and to prevent violent behaviour.
AVOs set out rules that the defendant must follow. These rules might include:
- Not approaching the protected person
- Not contacting the protected person
- Staying away from certain places
AVOs aim to stop future violence and threats. The order restricts the defendant’s behaviour to keep the protected person safe.
Key protections include:
- No contact: The defendant can’t call, text, or message the protected person.
- Distance rules: The defendant must stay away from the protected person’s home and work.
- No threats: The defendant can’t threaten or scare the protected person.
- Property safety: The defendant can’t recklessly destroy the protected person’s things.
If the protected person feels unsafe, they can call 000 for help. The police will treat any AVO breach seriously.
Types of AVOs
There are two main types of AVOs in New South Wales:
- Apprehended Domestic Violence Orders (ADVOs): These protect people who have a domestic relationship with the defendant. This includes partners, ex-partners, family members, and those in an informal care relationship.
- Apprehended Personal Violence Orders (APVOs): These protect people from others they don’t have a domestic relationship with. This might include neighbours, colleagues, or strangers.
Both types of AVOs serve the same purpose: to protect people from harm. The main difference is the relationship between the protected person and the defendant. In some states, similar protections may be called a Domestic Violence Protection Order or a Personal Safety Intervention Order.
Eligibility and Application Process
Getting an Apprehended Violence Order (AVO) involves specific eligibility criteria and steps. Understanding who can apply and how to obtain an AVO is crucial for those seeking protection.
Who Can Apply for an AVO
Several people can apply for an AVO in Australia. The police can make an application on behalf of a person needing protection. This is called a police application, often handled by a Domestic Violence Liaison Officer.
Individuals can also apply for an AVO themselves. This is known as a private application. A guardian appointed under a guardianship order can apply for an AVO as well.
The main people involved in an AVO matter are:
- Protected Person: The person who needs protection
- Applicant: The person or entity applying for the AVO
- Defendant: The person the AVO is against
Steps to Obtain an AVO
To get an AVO, follow these steps:
- Contact the police immediately if you’re in immediate danger.
- Decide if you want a police or private application.
- For a police application, report the incident to the police at your local police station.
- For a private application, go to your local local court or magistrates’ court.
- Fill out the necessary forms.
- Attend court on the given date.
- Present your case to the magistrate.
It’s wise to obtain legal advice before applying. An experienced lawyer can help you understand the process and your rights.
The court will review your application and may issue an interim AVO for immediate protection if there are reasonable grounds to fear violence. They’ll then set a date for a final hearing.
Get Professional Advice
Understanding your rights is the key to empowerment. Expert advice related to your AVO with JJ Lawyers can make all the difference. Connect with our AVO lawyers Sydney and make informed decisions that safeguard your future – (02) 8378 8585.
Legal Framework Surrounding AVOs
AVOs in NSW are governed by specific legislation and enforced through the court system. The law outlines different types of orders and the processes for obtaining them. Similar legal frameworks exist in other states, such as South Australia.
Crimes (Domestic and Personal Violence) Act 2007 (NSW)
This Act is the main law for AVOs in NSW. It sets out two types of orders: Apprehended Domestic Violence Orders (ADVOs) and Apprehended Personal Violence Order (APVO). Apprehended Domestic Violence Order protects people in domestic relationships, while APVOs cover other situations.
The Act defines who can apply for an AVO and the grounds for making an order. It also lists the conditions that can be included in an AVO, such as prohibiting the defendant from approaching the protected person.
Breaching an AVO is a criminal offence under this Act. Penalties can include fines and imprisonment. This is considered a domestic violence offence if it involves a domestic relationship.
Role of the Court in AVOs
NSW courts play a crucial role in the AVO process. They hear applications, make interim orders, and decide on final orders. Magistrates consider evidence from both parties before making a decision.
Local courts can also vary or revoke existing AVOs if circumstances change. In urgent cases, a court registrar may issue a provisional order to provide immediate protection.
The court aims to balance the need for protection with the rights of the defendant. It can order mediation in some APVO cases to resolve disputes without a hearing. These court proceedings are designed to ensure fair treatment for all parties involved.
Conditions and Restrictions
An AVO sets rules the defendant must follow. These rules protect the person in need of protection (PINOP) from harm or threats.
Standard and Additional Conditions
AVOs in NSW have standard conditions that apply to all orders. These include not assaulting, threatening, stalking, or intimidating the PINOP. This covers various forms of abuse, including harassment, social abuse, and even spiritual abuse.
The court may add extra conditions based on the case. These might include:
- Keeping a certain distance from the PINOP’s home or workplace
- Not contacting the PINOP by any means
- Not going near the PINOP when drinking alcohol or using drugs
Breaching these conditions is a serious offence. It can lead to fines or jail time.
Navigating AVO Conditions
Facing AVO conditions can be complex and overwhelming. If you’re unsure about your obligations or have been accused of breaching an AVO, don’t face it alone. Our experienced criminal defence team can help you understand your rights and obligations. Contact us today for a confidential consultation – (02) 8378 8585
Firearms and Weapons Restrictions
When an AVO is in place, the defendant cannot possess firearms or prohibited weapons. They must surrender any licences or permits.
This ban lasts for the duration of the AVO, plus five years after it ends. In some cases, the court may extend this period.
Prohibited weapons include:
- Crossbows
- Flick knives
- Nunchakus
The aim is to ensure the PINOP’s safety by removing access to potentially dangerous items.
Impact on the Defendant
An AVO can have serious effects on the defendant’s life. It creates legal duties and may impact their record.
Legal Obligations and Consequences
When served with an Apprehended Violence Order, the defendant must follow its conditions. These often include not contacting the protected person or going near their home or workplace.
Breaking any AVO rules is a criminal offence. The penalties can be harsh. If a defendant breaches the order, they may face severe consequences.
The court can also take away the defendant’s firearms licence. This happens even if guns aren’t part of the case.
Some AVOs stop the defendant from drinking alcohol or taking drugs. Others may require them to attend counselling.
Effect of an AVO on Criminal Record
An AVO by itself does not create a criminal record. It’s a civil order, not a criminal conviction.
But if the defendant breaks the AVO, that’s different. A breach is a crime and will show up on their record.
This can affect job prospects, especially for roles needing security checks. It may also cause issues with visa applications or overseas travel.
Some AVOs last for years. During this time, the defendant must be careful to follow all rules to avoid criminal charges.
Your Advocate in Challenging Times
When facing AVO matters, having a strong advocate can be crucial. Our dedicated professionals are ready to stand by your side, offering support and expert representation. Reach out now to discuss how we can help you navigate these challenging waters with confidence – (02) 8378 8585
Rights and Protections for the Protected Person
An Apprehended Violence Order (AVO) grants specific rights and safeguards to the protected person. These measures aim to ensure their safety and prevent further harm from the defendant.
Safety Measures and Legal Rights
The protected person has legal rights under an AVO. They can’t be assaulted, harassed, threatened, stalked, or intimidated by the defendant. The order may also stop the defendant from going to certain places or contacting the protected person.
If the defendant breaks these rules, the protected person can call the police. The police must respond and can arrest the defendant.
The protected person can ask for changes to the AVO if needed. They can request to add or remove conditions as their situation changes.
Enforcement and Breach of AVOs
AVOs are legal orders designed to protect people from violence or threats. Breaking an AVO is a serious offence with significant consequences.
Police Responsibilities
Police play a key role in enforcing AVOs. When an AVO is issued, police record it in their system. They respond to reports of breaches and can arrest offenders on the spot.
Police have the power to:
- Enter premises to investigate AVO breaches
- Seize weapons or other items used in the breach
- Detain suspects for questioning
Officers must take all AVO breach reports seriously. They gather evidence, take statements, and decide if charges are needed. Police also support victims by connecting them with support services.
Responding to an AVO Violation
If someone breaches an AVO, it’s crucial to act quickly. Victims should:
- Call 000 if in immediate danger
- Report the breach to police as soon as possible
- Document any evidence (e.g. text messages, photos)
- Seek support from domestic violence services
Breaching an AVO can lead to arrest and charges. Penalties may include fines up to $5,500 and jail time up to two years. The court takes these offences seriously.
Offenders may face a court hearing where they must explain their actions. The magistrate can increase restrictions or impose harsher penalties for repeat breaches.
Navigating Domestic Relationships
AVOs often involve people who are close to each other. This can make things tricky. Let’s look at how AVOs affect families and other relationships.
Family Violence and Children’s Safety
Family violence can harm kids. AVOs aim to keep them safe. When there’s an AVO, the Family violence order court thinks about the children first.
AVOs can protect kids from seeing or hearing violence. They might stop a parent from contacting their child. This can be hard, but it’s to keep everyone safe.
Schools need to know about AVOs that affect students. They can help keep kids safe. Parents should tell the school about any AVOs.
Sometimes, both parents can still see the kids. The court decides what’s best. They might set up supervised visits. These decisions often intersect with family law matters.
Dealing with Co-workers and Neighbours
AVOs can affect work and home life. If you have an AVO against a co-worker, tell your boss. They can help keep you safe at work.
Your company might change work schedules. This can keep you apart from the other person. AVOs can stop harassment at work, too.
For neighbours, AVOs can set rules about noise and contact. They might stop someone from coming near your house. If you see your neighbour breaking the AVO, call the police.
Remember, AVOs are serious. Everyone must follow them, even if it’s hard. They’re there to keep people safe.
Resolution and Dismissal
AVOs can be resolved through negotiations or dismissed by the court. The outcome depends on the specific circumstances and evidence presented.
Final AVO and Negotiations
A final AVO is issued after a court hearing. Before this stage, both parties can negotiate terms. Police AVOs or private AVOs may be modified through talks.
Negotiations can lead to:
- Changed conditions
- Shorter duration
- Consent without admissions
Legal representatives often help in these discussions. They aim to find a middle ground that protects the person in need of protection while considering the defendant’s rights.
If negotiations fail, the matter proceeds to a hearing. The court then decides to issue a final AVO based on evidence of threats and reasonable fear.
Withdrawal and AVO Dismissal
An AVO can be dismissed or withdrawn under certain conditions. The court may dismiss an AVO if:
- There’s insufficient evidence
- The application is deemed frivolous or vexatious
- The person in need of protection withdraws consent
AVOs dismissed ‘without admission’ mean no legal blame is assigned. This outcome can be crucial for the defendant’s record.
Private AVOs are more likely to be withdrawn than police AVOs. The person seeking protection can request a withdrawal, but the final decision rests with the court.
Provisional AVOs may also be dismissed if the situation that prompted them has been resolved satisfactorily.
Seeking Legal Assistance
Getting legal help is crucial when dealing with an AVO. A lawyer can guide you through the process and protect your rights. Free or low-cost legal services are also available.
When to Contact a Lawyer
It’s wise to speak with a lawyer as soon as possible if you’re involved in an AVO matter. A legal representative can:
• Explain your rights and obligations • Help you understand the AVO conditions • Represent you in court
Legal Aid NSW offers free advice for both applicants and defendants in AVO cases. They can assist with:
• Preparing your case • Negotiating with the other party • Applying for legal aid if you’re eligible
Don’t wait until the court date. Early legal advice with AVO lawyers at JJ Lawyers can make a big difference in the outcome of your case.
Accessing Legal Resources
Many free or low-cost legal resources are available for AVO matters. These include:
• LawAccess NSW: A free phone service that provides legal information and referrals
• Community Legal Centres: Offer free legal advice and assistance
• Women’s Legal Service NSW: Specialises in helping women with legal issues, including AVOs
These services can help you understand your rights and guide you through the legal process. They’re especially useful if you can’t afford a private lawyer.
Remember, even if you’re using free services, it’s important to seek help early. This gives you time to prepare and understand your options.
The Broader Context: AVOs in Domestic and Family Settings
Domestic and family violence is a pervasive issue that affects many Australians. Apprehended Violence Orders (AVOs) are just one tool in the broader framework of legal protections available to those experiencing abuse within a family relationship.
Understanding Family Violence Orders
In some jurisdictions, family violence orders serve a similar purpose to AVOs. These orders are specifically designed to address violence within family contexts, including:
- Intimate partner relationships
- Parent-child relationships
- Sibling relationships
- Extended family connections
Like AVOs, family violence orders set boundaries and rules to protect vulnerable family members from abuse, threats, or intimidation.
The Scope of Family Relationships
When dealing with AVOs in a family context, it’s crucial to understand the broad definition of a family relationship. This can include:
- Married and de facto partners
- Ex-partners
- Children and step-children
- Parents and grandparents
- Siblings and step-siblings
- In-laws and chosen family members
The law recognises that family dynamics are complex and diverse, and AVOs can be applied in a wide range of family situations.
Navigating Family Law and AVOs
When AVOs intersect with family law issues, such as divorce or child custody disputes, the situation can become particularly complex. It’s important to remember that an AVO is a separate legal matter from family court proceedings, but one can influence the other.
For example:
- An AVO may impact parenting arrangements
- Family court orders may need to be adjusted to accommodate AVO conditions
- Evidence of family violence can be relevant in both AVO and family law proceedings
Given these complexities, it’s crucial to seek specialised legal advice when dealing with AVOs in a family context. A lawyer experienced in both family law and domestic and family violence matters can provide comprehensive guidance.
Summing Up: Navigating the Complexities of Apprehended Violence Orders (AVOs)
Apprehended Violence Orders (AVOs) play a crucial role in protecting individuals from violence, harassment, and intimidation in Australia. Whether you’re seeking protection or have been served with an AVO, understanding the legal process, your rights, and the potential consequences is essential.
Remember that AVOs are serious legal matters with significant implications for all parties involved. They can affect various aspects of life, from family relationships to employment opportunities. This is particularly true for those in an intimate relationship or intimate personal relationship with the other party. If you’re dealing with an AVO situation, it’s always advisable to obtain legal advice from an experienced lawyer or seek assistance from available legal resources. Legal representation can be crucial in navigating these complex issues, especially when they intersect with family law concerns.
By following the proper procedures, respecting the terms of an AVO, and seeking appropriate legal guidance, you can navigate this complex legal landscape more effectively. Always prioritise safety, and don’t hesitate to reach out to the authorities or support services if you feel threatened or in danger. Remember, AVOs are designed to protect protected persons and maintain safety for all involved.
Explore our law blog for in-depth analyses on related topics like What To Do When an AVO Expires? and How To Find Out If Someone Has An AVO NSW? Get expert answers to your pressing legal questions!
