An Apprehended Violence Order, or AVO, is a court order designed to protect someone from harm. It’s a legal tool used to prevent harassment, intimidation, stalking, or violence.
If you’re dealing with a domestic dispute or facing allegations of violent behavior, it’s important to understand what an AVO is and how it works. Whether you’re a potential complainant seeking protection or a defendant facing accusations, knowing your rights and responsibilities is crucial.
This article provides a comprehensive overview of AVOs, including the different types, the circumstances under which they can be issued, the legal processes involved, and the consequences of breaching an order. Our goal is to clarify the complexities surrounding AVOs and offer insights into their legal implications and practical considerations.
What is an Apprehended Violence Order (AVO)?
An Apprehended Violence Order (AVO) is a court order. It tells someone they can’t do specific things that might harass, intimidate, stalk, or endanger another person. The main point of an AVO is to protect someone from harm.
It’s important to know that an AVO is a civil matter, not a criminal charge. However, if someone breaks the rules of an AVO, they can face criminal charges. So, while getting an AVO isn’t the same as being charged with a crime, ignoring it can definitely lead to criminal trouble.
Types of Apprehended Violence Orders: ADVO and APVO
There are two kinds of Apprehended Violence Orders (AVO): Apprehended Domestic Violence Orders (ADVO) and Apprehended Personal Violence Orders (APVO). Here’s a quick rundown of the difference between the two.
Apprehended Domestic Violence Order (ADVO)
An ADVO is designed to protect people in a “domestic relationship.” It’s specifically intended to address situations that involve domestic violence.
What constitutes a “domestic relationship?” The definition is broad, and it includes marriage, de facto relationships, intimate relationships, shared households, dependent care relationships, and familial and kin relationships. The latter can also include Aboriginal and Torres Strait Islander kinship.
Some examples of domestic relationships are current and former spouses, partners, family members, and people who share a residence.
Apprehended Personal Violence Order (APVO)
An APVO is used to protect people who aren’t in a domestic relationship. So, if the relationship between the person making the complaint and the person they’re complaining about doesn’t meet the definition of “domestic relationship,” an APVO is likely the right path.
APVOs are often used in disputes between neighbors, workplace conflicts, or cases of harassment by strangers.
The most important difference between ADVOs and APVOs is the nature of the relationship between the people involved.
When would a court issue an AVO?
Courts issue AVOs to protect people who fear violence, harassment, stalking, or intimidation. If a court believes there’s a good chance someone will be harmed, or that there’s reason to fear harassment, stalking, or intimidation, they’ll likely grant an AVO.
What might lead to an AVO? Here are a few examples:
- A history of violent behavior
- Threats of violence, even if they seem vague
- Repeated harassment, like unwanted phone calls or messages
Sometimes, the police apply for an AVO on behalf of someone they believe is at risk. This happens most often in domestic violence situations.
It’s important to know that the court doesn’t have to be absolutely certain that harm will occur. They use something called the “balance of probabilities.” This means they only have to think it’s more likely than not that the person needs protection to grant the order. It’s a lower standard than “beyond a reasonable doubt,” which is used in criminal cases.
Provisional Apprehended Domestic Violence Orders (ADVOs)
Police can issue a provisional ADVO right away if they believe violence is likely to occur, or if certain domestic violence, stalking, or child abuse offenses have happened or are likely to happen. Think of it as an emergency ADVO.
These provisional ADVOs must be listed in court within 28 days. This means a judge will review the order and decide whether to make it a full ADVO.
If someone violates a provisional ADVO, it’s treated the same way as violating a court-issued ADVO. The consequences are the same. So, it’s crucial to take them seriously.
Like regular ADVOs, the court can change the conditions of a provisional ADVO if necessary. This is called “varying” the order.
What happens if someone objects to an AVO?
If you’ve been served with an application for an AVO, you have the right to object to it. You can do this by letting the court and the person who’s applying for the AVO know that you plan to defend yourself against the application.
Interim AVOs
While the court is considering the application for an AVO, it may issue an interim AVO. This is a temporary protection order that’s put in place while the case is ongoing. The court may issue an interim AVO if it believes there’s an immediate risk to the person applying for it. An interim AVO will usually restrict your contact with that person, your proximity to them, and certain specific behaviors.
The AVO hearing
If you object to the AVO, there will be a hearing in court. At the hearing, both you and the person applying for the AVO will have the chance to present evidence, call witnesses, and make your case.
The court will then weigh the evidence and decide whether it’s more likely than not that the person applying for the AVO has reasonable grounds to fear violence, harassment, stalking, or intimidation from you. This is known as the “balance of probabilities.”
What can an AVO stop you from doing?
An AVO usually contains a list of things you can’t do. For example, it will likely prohibit you from assaulting, threatening, stalking, harassing, or intimidating the protected person. It may also prevent you from damaging their property.
Many of the conditions become mandatory when the court issues an Apprehended Domestic Violence Order (ADVO). These orders automatically prohibit the behaviors listed above: assault, threats, stalking, harassment, intimidation, and property damage.
AVOs can also affect your ability to own firearms or work with children. For example, you may not be able to hold a gun license if an AVO is in place. Similarly, it could impact your eligibility for certain jobs or volunteer positions that require a “working with children” check.
It’s also important to know that any contact with the protected person can be a breach of the AVO, even if they seem to agree to it.
What happens if you break an Apprehended Violence Order?
Violating an AVO is a crime. The penalties can be severe, including fines, jail time, or both. The maximum fine is usually around $5,500, and you could face up to two years in prison.
If the breach involves violence or threats of violence, the consequences get even more serious. In these cases, imprisonment is often mandatory unless the court decides there’s a good reason not to impose it. Section 14(4) of the relevant legislation specifically says that if violence is involved, jail time is the standard penalty.
Beyond the immediate penalties, having an AVO on your record can affect you in future legal situations. For example, it could make it harder to get bail if you’re arrested for something else. It can also influence the judge’s decisions if you’re ever sentenced for another crime. The existence of the AVO demonstrates a past pattern of behavior that the court will consider.
Defenses for violating an AVO
If you’ve been accused of violating an apprehended violence order, you may still have options. Some defenses could include duress, necessity, or self-defense.
- Duress: You were forced to violate the AVO because someone threatened you.
- Necessity: You violated the AVO to prevent something worse from happening.
- Self-defense: You violated the AVO to protect yourself from harm.
One thing that probably won’t work is claiming you didn’t know about the order. The courts generally don’t accept ignorance as a valid defense.
Can an ADVO be changed or canceled?
Yes. A court can vary or revoke a final ADVO.
Courts might consider changing or canceling an ADVO if the relationship between the people involved has changed, if the risk of violence has gone down, or if there’s some other strong reason to do so.
If you want to vary or revoke an ADVO, you should seek legal counsel. A lawyer can help you understand the process and the potential outcomes.
Why you need a lawyer
AVO cases can be complex, and the outcomes can significantly impact your life. That’s why it’s crucial to have legal representation, whether you’re the person seeking the order or the person it’s filed against.
If someone has taken out an AVO against you, talk to a lawyer who specializes in domestic violence matters as soon as possible.
If you’ve been charged with violating an AVO, you should seek expert legal help from a criminal lawyer with experience in domestic violence and AVO laws.
The Bottom Line
Apprehended Violence Orders (AVOs) are vital legal tools. As we’ve seen, they protect people from violence, harassment, stalking, and intimidation. But it’s essential for everyone involved to understand what an AVO means.
AVO law is complex, and breaking an AVO can have serious consequences. Whether you’re applying for an AVO or defending against one, seeking legal advice is essential. A lawyer can help you understand your rights and responsibilities and guide you through the legal process.
Ultimately, AVOs play a crucial role in preventing violence and ensuring the safety and well-being of individuals at risk. By providing legal protection and promoting accountability, AVOs help create a safer community for everyone.