A court issues an Apprehended Violence Order (AVO) to protect a person who fears violence, intimidation, or stalking. Under NSW law, the applicant must show reasonable grounds to fear such behaviour.
In AVO proceedings, the law refers to the person requiring protection as the ‘protected person’. Conversely, the law calls the person facing the order the ‘defendant’.
How Do Police and Courts Issue Urgent Orders?
A person can apply for an AVO privately through a lawyer or directly via a police officer. When a NSW Police Force officer believes someone faces immediate danger from domestic violence, they can request a provisional order to ensure safety for the victim and any children.
Courts can issue interim or provisional orders in urgent situations. Judges often make interim orders without the defendant present, particularly when police charge the defendant with serious assault or domestic violence offences.
What are the different types of AVOs?
New South Wales recognizes two distinct types of AVOs under the Crimes (Domestic and Personal Violence) Act 2007 (NSW):
- Apprehended Domestic Violence Order (ADVO): Applies when the parties are family members, current or former intimate partners, or household members.
- Apprehended Personal Violence Order (APVO): Applies when the parties are not related, such as neighbours or co-workers.
What orders can the Court impose?
Courts can impose any restrictions necessary to protect the applicant and their children. Standard conditions prohibit the defendant from assaulting, harassing, threatening, stalking, or intimidating the protected person.
Additionally, an AVO can bar the defendant from:
- Approaching or contacting the protected person.
- Entering the protected person’s home.
- Visiting the protected person’s workplace.
What happens if an application for an AVO is served on me?
Applicants usually file AVO applications through the NSW Local Court. Police or court officers will serve you with a copy of the application listing your mandatory court appearance date.
If you receive an AVO application, seek urgent advice from an experienced AVO lawyer. You have two options: consent to the order or oppose it.
Consenting to an AVO does not mean you admit to the allegations. However, you should carefully weigh the personal and professional consequences before agreeing to an order.
If you choose to oppose the AVO, hire legal representation and attend your court date. If you fail to appear, the court will likely make the order in your absence.
During the hearing, the protected person must prove on the balance of probabilities that they reasonably fear violence, stalking, or intimidation. Both parties present evidence, typically through written statements, though courts may allow oral testimony.
What happens if an AVO is made against me?
If a court makes an AVO against you, you must understand all specified conditions. While an AVO itself is a civil order: not a criminal conviction: t carries serious ramifications. It can affect ongoing family law parenting matters and restrict job opportunities.
Once a court issues an AVO, the defendant must surrender all firearms to the police immediately. The police force also retains details of the order in a central database.
Breaching an AVO is a criminal offence. A breach can lead to a criminal record, heavy financial penalties, or imprisonment.
Conclusion
AVO matters often arise during family law disputes, neighbourhood disagreements, or following an alleged assault. Complex personal histories usually surround these disputes.
Parties involved in family law proceedings must approach AVO applications carefully. No one should misuse an AVO to prevent a parent from seeing their child without valid safety grounds. Courts strongly penalise vexatious applications that cause unnecessary costs and delay.
This article provides general information only. You should obtain independent advice regarding your personal circumstances. Our legal team handles all types of AVO matters, including applying for, opposing, or negotiating orders.
If you need help or legal advice, please contact our team on 02 9792 8413 or email [email protected].