AVO
What is an AVO?
Apprehended Violence Order’s have the ability of impacting individuals and family members on a long term basis.
Whilst it is not a criminal matter, it is extremely important to seek legal advice if you have been served with an AVO as it can have serious repercussions on your future.
Or contact us at (02) 8067 8361
Contact our passionate AVO lawyers who will be able to advice and guide you as to your particular circumstances in order to get the most favourable outcome.
When to reach out to a criminal defence lawyer
Contact our passionate AVO lawyers who will be able to advice and guide you as to your particular circumstances in order to get the most favourable outcome.
Our lawyers are available 24/7 and work around the clock to provide you with tailored and precise legal advice, defending you at all costs.
Or contact us at (02) 8067 8361
FAQ
What is a Apprehended Domestic Violence Order?
A ‘Domestic Violence’ order applies where the relationship between the parties is domestic in nature. This involves where you are married, de facto, have or have had an intimate relationship, you live in the same house, you provide care or are relatives.
The order can restrict parties from seeing each other or contacting each other, it can also prohibit a person from engaging in particular conduct.
How is an AVO applied for?
Police can either apply for an AVO on its own, or it can arise where a person has been charged with a domestic violence offence.
If an AVO arises in combination with a domestic violence criminal charge, it will run on an interim basis until the resolution of the charge matter. If a person pleads guilty to a domestic violence offence, then an AVO must be made final (however conditions can be negotiated with the police and the court).
At times, police may only initiate an AVO (without an associated criminal charge).
Who is a PINOP?
A person who is protected by the order is referred to the ‘person in need of protection’ (PINOP). The person who has been served with the order is referred to as the ‘Respondent’.
Is an AVO a criminal offence?
No. it is a civil order dealt with in the criminal courts. It is not a criminal record or offence.
What is a lapsing interim AVO order?
A lapsing interim AVO, if agreed between parties, mean that an AVO will run on an short term basis and should no breaches occur, the court may dismiss the AVO without ever making a final order against you. Granting of lapsing interim AVOs is guided by the Specialist Family Violence List Pilot Practice Note (as amended on 6 May 2024).
What if I don’t agree with the AVO laid against me?
Where you do not agree with the AVO and do not consent to a final order being made, you ‘oppose’ the AVO.
Once the AVO is formally opposed, the court will adjourn the matter for a further court date and make orders for parties to file statements to rely upon.
Once those statements are filed, the matter will be listed for a future Hearing date. This is a date where the PINOP, any witnesses and yourself attend court and give verbal evidence in court to the Magistrate. There are exceptions where the PINOP is a child.
While waiting for the matter to be determined in court, the AVO will continue as an interim order.
How can I revoke an AVO?
An application to revoke a final AVO can be made by either the PINOP or the Respondent.
However, one must bear in mind that this is not an easy task and can be difficult. An applicant will have to prove that there has been a change in circumstances since the making of the final AVO. Where it relates to a child, the court must be satisfied of a change in circumstances or that it is in the interest of justice to do so.
What is a Apprehended Personal Violence Order?
A ‘Personal Violence’ order applies where the relationship is not domestic – for example neighbours or coworkers.
The order can restrict parties from seeing each other or contacting each other, it can also prohibit a person from engaging in particular conduct.
Where a personal violence order is issued, the legislation requires the court to refer parties to mediation first, unless there is a good reason not to do so.
Are police the only people who can file an AVO?
No. Where police refuse to initiate an AVO, and you require the protection of an order, you can file an application with the Local Court for an AVO yourself.
What does a court need to be satisfied of to make a Final AVO order?
Unlike criminal offences where the test is ‘beyond reasonable doubt’, the court only needs to be satisfied on the ‘balance of probabilities’ to make a final AVO. This is a much lower threshold.
However, in saying this, the court at the time of hearing the matter, must be satisfied of the following:
- That there are reasonable grounds to fear the respondent; and
- The Person in Need of Protection in fact fears:
- The commission of a domestic violence offence; or
- The engagement of conduct that is intimidating or stalking.
The court decides this on the ‘grounds of the application’ and the evidence relied upon by both parties.
What is a Provisional or Interim AVO?
A Provisional or interim order is temporarily in place until the resolution of your proceedings, where the AVO with either be withdrawn and dismissed, agreed to or made final by a Magistrate.
What happens if I consent to an AVO?
If an AVO has been issued against you, there is the option of ‘consenting’ to the AVO on a ‘without admissions basis’.
This means that you do not agree with the grounds of the application, however you agree to comply with the conditions.
If you choose this option, the matter is capable of being finalised on the first court date.
AVO applications are usually for a period of 2 years, however this can be negotiated along with the conditions prior to being made final.
Can I vary an interim or final AVO?
In some cases, PINOPs are restricted in applying to the court to vary an AVO. Respondents at all times can apply to the court.
An application to vary the conditions of the AVO can be made where a party does not agree with the orders that police have imposed. For example, a condition that prohibits a respondent from returning home or contacting their partner.
Even where the PINOP agrees to the variation proposed by the respondent, the police can still refuse to vary the conditions. If this occurs, the court will set down some time for the application to be heard and materials relied upon to try and convince the magistrate as to why they should make such an order.
Award Winning Criminal Defence Lawyer Featured In:
Get started
Contact our office today to arrange a free consultation with one of our lawyers to discuss your upcoming court proceedings.
Or contact us at (02) 8067 8361