Domestic violence is a pervasive and serious issue, affecting people from all walks of life. Fortunately, the legal system provides a tool to help protect individuals from violence, harassment, intimidation, and stalking: Apprehended Violence Orders, or AVOs.
So, what is an AVO? Simply put, it’s a court order designed to protect one person from another, where the protected person fears for their safety. An AVO prevents the defendant from engaging in specific behaviors to ensure the safety and well-being of the person seeking protection (the complainant).
This article will give you a complete overview of AVOs. We’ll cover the different types, the circumstances under which they’re issued, the rights and responsibilities of both parties involved, and the penalties for violating the order.
Types of Apprehended Violence Orders
There are two main types of Apprehended Violence Orders, or AVDOs. They are:
Apprehended Domestic Violence Order (ADVO)
An ADVO is designed to protect people from domestic violence. It’s important to remember that ADVOs are civil orders, not criminal charges.
Domestic relationships are defined broadly to include marriage, de facto relationships, intimate relationships, households where people live together, and relationships between relatives. Even if you’re divorced or no longer in an intimate relationship, you can still be covered under an ADVO.
Apprehended Personal Violence Order (APVO)
An APVO is used when the relationship isn’t considered domestic. APVOs protect people from harassment, intimidation, or violence from people who aren’t family members or intimate partners.
APVOs might be used in these situations:
- Disputes between neighbors
- Workplace conflicts
- Conflicts between acquaintances
When would someone issue an AVO?
To get an AVO, the person asking for it (the complainant) has to convince the court that they have a good reason to be afraid of violence from the other person (the defendant). The court can also issue an AVO if the defendant is likely to harass, intimidate, or stalk the complainant.
Evidence is key. That evidence can be anything from eyewitness accounts and police reports to medical records and documented cases of harassment or violence. The court weighs all the evidence to decide if it’s more likely than not that the complainant’s fears are justified.
In emergencies, or when someone commits or threatens domestic violence, the police can step in and apply for a temporary AVO. These provisional AVOs usually get a court date within 28 days.
The AVO court process
Here’s how an AVO case generally proceeds through the court system.
Initial application and interim orders
The process begins when someone applies to the court, explaining why they need protection. In some cases, police will start the application.
While the court is considering the case, it may issue an interim AVO to protect the person who’s seeking the order. Interim AVOs remain in effect until the court makes a final decision.
Defended hearings and evidence
A defendant has the right to challenge the application for an AVO, which means the case will go to a defended hearing. Defendants can agree to an AVO without admitting they’ve done anything wrong.
During the hearing, both sides can present evidence to support their case. Witnesses can be called to testify, and each side is allowed to cross-examine the other’s witnesses.
Court decision and final orders
When deciding whether to issue an AVO, the court weighs the evidence and considers the likelihood of certain events occurring. The court’s main concern is whether the person applying for the AVO is at risk of future harm.
AVOs come with standard conditions that the defendant must follow, such as not assaulting, stalking, or harassing the person being protected, or damaging their property. The court can also add other restrictions.
AVOs can remain in effect as long as the court believes is necessary to keep the protected person safe. Typically, an AVO will last between 12 months and two years.
Breaching an AVO: Penalties and Defenses
What happens if someone ignores the conditions of an AVO?
What Constitutes a Breach?
Breaching an AVO means that someone has broken one or more of the rules laid out in the order. Common examples include contacting the person the order is meant to protect, going to places that the order prohibits them from going, or doing things that the order specifically forbids.
Here are a few examples of what breaching an AVO might look like:
- Sending texts or emails to the person named in the order
- Going near the protected person at their home or workplace
- Vandalizing or damaging the protected person’s property
It’s important to remember that a person can breach an AVO even if the victim contacts them.
Penalties for Breaching an AVO
Breaking an AVO is a criminal offense that can lead to serious consequences, including fines, jail time, or both.
In New South Wales, for example, the maximum penalty for breaching an AVO is a $5,500 fine, two years in prison, or both.
Possible Defenses
There are a few defenses that might be valid in a case where someone is accused of breaching an AVO. These include things like duress, necessity, or self-defense.
On the other hand, saying you didn’t know about the order is unlikely to be a valid defense.
If you’ve been charged with breaching an AVO, it’s important to get legal help right away. A lawyer can advise you on your rights and help you build the strongest possible defense.
Can an AVO be changed or cancelled?
Yes, in some cases, an AVO can be varied (changed) or revoked (cancelled) by the court.
Changing an AVO
Either the person being protected by the AVO or the defendant can ask the court to change the conditions of the order. People often seek a variation if their situation has changed—for example, if they’ve moved house or if the threat seems to have diminished.
Cancelling an AVO
An AVO can be cancelled if the court decides it’s no longer needed to protect the person named in it. Again, either party can apply for the revocation.
How the Court Decides
When deciding whether to change or cancel an AVO, the court’s main concern is the safety and well-being of the protected person. The court will carefully assess whether there’s still a risk of harm.
What happens if someone gets an AVO against me?
Having an AVO, especially if you’re the defendant, can significantly impact your life.
For example, an AVO can restrict your:
- Movement
- Ability to contact certain people
An AVO can also affect your eligibility for:
- Firearm licenses
- Working with children checks
Finally, an AVO can be used as evidence against you in other legal proceedings, such as family court.
Frequently Asked Questions
What is an AVO order?
An AVO, or Apprehended Violence Order, is a court order in Australia designed to protect a person from violence, harassment, intimidation, or stalking by another person. It places restrictions on the behavior of the person named in the order to ensure the safety and well-being of the protected person.
What does AVO stand for in legal terms?
AVO stands for Apprehended Violence Order. It’s the legal term used in Australia for a type of restraining order intended to protect individuals from potential harm, threats, or harassment.
What does ADVO stand for?
ADVO is actually a misspelling of AVO. AVO, Apprehended Violence Order, is the correct legal term. Therefore, ADVO has no official meaning in legal contexts.
What is ADVO short for?
Given that “ADVO” is a misspelling, it is not short for anything in legal or official terms. The correct abbreviation for the legal term we’ve been discussing is AVO, which stands for Apprehended Violence Order.
Wrapping Up
Apprehended Violence Orders are a crucial tool for protecting people from violence, harassment, and intimidation. Understanding the different types of AVOs, how the court process works, and what the consequences can be is essential for both the person seeking protection and the person named in the order.
If you’re involved in an AVO case, getting legal advice from lawyers who specialize in domestic violence matters is critical. A lawyer can help you understand your rights and responsibilities, guide you through the court process, and help you achieve the best possible outcome.
AVOs play a vital role in ensuring the safety and well-being of individuals at risk. These orders provide a legal framework for protecting vulnerable people and holding perpetrators accountable for their actions.