When Your AVO Expires, You Need To Take Action. Here’s What You Need To Know
An AVO, or an Apprehended Violence Order, is a court-ordered injunction meant to protect an individual and their property from an offending party. Unfortunately, though, this type of court order is generally impermanent and expires after a period of twelve months. Once expired, the issuing party may be at risk of additional harassment unless they take further legal action.
Suppose you are the issuing party of an AVO that has recently expired. In that case, it is essential to take legal action to protect yourself and your property. Speak with a lawyer and inquire about extending the order to protect yourself and your family. Failing to take the proper recourse could put you at further risk.
The expert legal team at JJ Lawyers is prepared to support you and your loved ones in the continued fight for your safety. If you require legal advice, continue reading to learn about your options or contact our offices with any questions or concerns regarding an AVO.
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So, what is an AVO?
An AVO is a court-ordered directive stating that a person must not approach or contact another person or group of people. It may also contain other conditions, such as a condition that the person must not come within a specified distance of another person or specified place. Under Australian law, there are two categories of AVOs:
- Apprehended Domestic Violence Orders (ADVOs) – Intended to protect a person from violence by a close relative or a previous intimate relationship, including a former spouse, de facto partner, caregiver, or housemate.
- Apprehended Personal Violence Orders (APVOs) – Intended to protect a person from violence by another person with whom the person does not have a domestic relationship.
A person wishing to apply for an AVO must first obtain and complete an “Application for Apprehended Violence Order“, containing specific information about the defendant. It must also be lodged with the local court system alongside a “Support Person Statement” within 48 hours of being served to the defendant.
What Does an Expired AVO Mean?
Once an AVO expires, the conditions that were put in place to protect the issuing party are no longer active. This could mean that the offending party is now legally allowed to approach or contact the individual, which could potentially lead to further harassment.
Most AVOs expire after one year, although the issuing party may request a stay on the injunction before that date if the offending party is no longer a risk to their safety. Only the issuing party may request a stay, and the court must approve the order before it takes effect.
What Does an Expired AVO Mean for Both Parties?
Suppose you are the issuing party of an AVO that has recently expired. In that case, you may be wondering what this means for your safety and the safety of your loved ones. Unfortunately, an expired AVO does not guarantee your safety, and you may still be at risk of harassment or physical violence from the offending party. Any legal protection it once offered will no longer be in effect.
The individual may contact and approach you as they did before without any legal consequences. Therefore, if you believe that they are still a threat to you or your family, it’s crucial that you contact the law offices of JJ Lawyers and speak to a professional about extending an Apprehended Violence Order.
Available Options for AVO Holders
If you are the issuing party of the Apprehended Violence Order, you have several options, including:
- Extension – By speaking with a lawyer and refiling the necessary documents, you can extend the expiry date of your AVO and further protect yourself and your family.
- Revocation – If the offending party is no longer a threat to you or your family, you may request the court to revoke the order before its expiry date. To do so, you must submit an Application to Vary or Revoke Apprehended Violence Order, which is only available through a licensed attorney.
Available Options for AVO Recipients
If you have been on the receiving end of an AVO, you also have legal rights and may take action against the injunction:
- Appealing the order – If you believe the order was issued unfairly or without cause, you may file an appeal with the court.
- Asking the court to vary the order – If the order is causing you undue hardship, you may request that the court change the conditions of the order. For example, you may ask the court to allow you to contact the person for work-related purposes or to attend family events.
- Asking the court to revoke the order – If the conditions of the order are no longer necessary, you may ask the court to revoke the order entirely.
It’s important to note that to vary or appeal an AVO, you must first obtain leave, or permission from the court.
An Overview of Your Options
For personal and legal safety, it is best to leave all decisions and actions to the court. If you are the issuing party of an AVO and wish to extend its terms, contact the legal team at JJ Lawyers to begin the process. We can provide the necessary information and documentation if you wish to revoke an AVO.
Suppose you are on the receiving end of an AVO and believe the terms are overly stringent or baseless. In that case, we can provide further legal advice and help you appeal the court’s directive.
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JJ Lawyers is proud to serve the greater Sydney and New South Wales area with expert family law, criminal law, traffic law & civil rights law legal advice. To learn more about your options regarding an ongoing or expired AVO, give us a call at (02) 8005 3075 or submit an enquiry through our dedicated website.
We’ll reach out to you as soon as possible and provide the necessary information you seek.