Apprehended Violence Orders
At Jackson John Defence Lawyers, we understand that navigating the legal frameworks involving an apprehended violence order (AVO) can be a challenging and emotional process. As AVOs are designed to protect individuals from violence, threats, or harassment, we are here to ensure your rights and safety are upheld throughout this process.
What are AVOs?
An AVO prohibits the named person (defendant) from engaging in certain behaviours. There are two types of AVOs, apprehended domestic violence orders (ADVOs) and apprehended personal violence orders (APVOs). An ADVO protects people from people with whom they have a domestic relationship such as an intimate partner or family member. An APVO protects people from people with whom they do not have a domestic relationship, for example neighbours or work colleagues.
What is the AVO Process?
A Court may make an ADVO or APVO if it is satisfied on the balance of probabilities that the person in need of protection (PINOP) has reasonable grounds to fear and/or the defendant has engaged in stalking or other intimidatory behaviour. There is no need for physical harm, it will be sufficient if the PINOP fears that harm may occur.
Provisional or interim orders applied for by police are to protect the PINOP until the Court can hear the application. An interim order will remain in effect for the period specified in the AVO and in the absence of a time period being specified, for 12 months. Typically, the Court will make orders for 12 months or 2 years. Occasionally, a Court may make an order for 5 years in the most serious cases. The defendant may contest the AVO or consent to the AVO on a non-admission basis.
A PINOP may apply for an AVO privately by filing an application signed by the Registrar of a Local Court. There are several reasons why a PINOP might seek to take out a private AVO instead of a police AVO, such as:
- If the police currently have an AVO application against the person seeking protection for the same incident, they cannot act for and against the same person at a hearing.
- The PINOP may feel uncomfortable seeking police assistance as they do not want the defendant to be charged.
- The PINOP might have had previous bad experiences with police or may fear or distrust the police.
- The defendant is a police officer
What are the Types of Orders?
The mandatory orders, which appear as Order 1 on an AVO state:
You must not assault or threaten the protected person or any other person having a domestic relationship with the protected person.
You must not stalk, harass, or intimidate the protected person or any other person having a domestic relationship with the protected person intentionally.
You must not recklessly destroy or damage and property that belongs to or is in the possession of the protected person or any other person having a domestic relationship with the protected person.
These orders can be made even if the PINOP and the defendant live together, are still in a relationship, or work together.
Depending upon the factual circumstances, a Court may make additional orders as appear necessary or desirable to ensure the safety of the PINOP.
No Contact Except Through a Lawyer
You must not approach the PINOP or contact them in any way except through a lawyer.
Stay Away from Designated Locations
You must not approach the school or childcare or any other place listed here.
Alcohol and Drug-Related Restrictions
You must not approach or be in the company of the PINOP for at least 12 hours after drinking alcohol or taking illicit drugs.
Restricted Attempts to Locate PINOP
You must not try to find the PINOP except as ordered by a Court.
Separate Home Addresses
You must not live at the same address as the PINOP, or any other address listed here.
Restricted Access to PINOP's Locations
You must not go into any place where the PINOP lives, works, or any other place listed here.
Proximity Restriction
You must not go with “___” metres of any place where the PINOP lives, works, or any other place listed here.
Prohibition on Firearms and Weapons
You must not possess any firearms or prohibited weapons.
What are the Consequences of an AVO?
An AVO is a civil order of the Court. It is not a criminal charge and will not be listed on a person’s criminal record. However, a person can be charged with a criminal offence for breaching an AVO, which carries a maximum penalty of 2 years imprisonment and/or a fine of $5500.
Should the PINOP wish to retract their statement and tell police that they made it up, police could charge the PINOP with a public mischief charge for which the maximum penalty is 12 months imprisonment and/or a fine of $5,500. Furthermore, should a PINOP give false evidence at Court, they may be exposing themselves to potential perjury charges, which carry a maximum penalty of 10 years imprisonment.
Having an AVO may affect a person’s ability to work with children. A police-initiated final AVO made against a defendant for the protection of a child will be recorded on a defendant’s working with children check and they may not be considered eligible for child-related employment.
Having an AVO may also affect family law proceedings. In determining an appropriate parenting order, the Court must consider the nature of an AVO, the circumstances in which an AVO was made, any evidence admitted in proceedings, and any findings of the Court.
Why Jackson John Defence Lawyers?
Given the range of possible ramifications with respect to the imposition and/or breach of an AVO, it is important to seek appropriate legal advice to assist you in making the right decision for you and your future. The team at Jackson John Defence Lawyers have extensive experience in AVOs and can help you navigate the Court process with dignity and upmost care to achieve a positive result. we can assist you if you are seeking protection, or if you are defending against an AVO.
In defending an AVO, we can assist with the following services:
Withdrawal
In getting an AVO dropped or dismissed, our team of expert negotiators can save you excessive legal fees and stress by getting an AVO withdrawn. In addition, we will strive to get the other side to pay your legal fees where possible through a process known as a costs order.
Defending in Court
Our team can also fight by your side to defend your AVO in court to get it dismissed. We will explore all options, assessing if there is insufficient evidence, or if the AVO is not going to truly protect the person named if they lack fear or reasonable grounds to fear.
Variations
An AVO can also be varied, where certain conditions can be eased or removed. Regarding your specific circumstances, our team of experts will make persuasive submissions on your behalf to achieve the variations sought.
Additionally, we can apply for a private AVO on your behalf, which involves:
File
If you the PINOP, we can make a private AVO application on your behalf. Once we have assessed and collated the necessary evidence, we will file your AVO at your Local Court.
Serve
Once we have filed the private AVO, we will then serve the necessary material on the defendant and the Court.
Negotiate
Throughout this process, and up until the hearing date, we will make effective attempts to contact and negotiate with the defendant if the circumstances are appropriate. However, if undesired or unsuccessful, we will advocate for you in Court.
Hearing
On the hearing date, we advocate on your behalf. This will include providing statements, effective cross-examination, and persuasive submissions to establish why the AVO is warranted.
Get in Touch
Legal Support Whenever You Need It. Get Your Free Initial Consultation*
Contact Us Now