An apprehended violence order (AVO) is a court order against a person who you feel threatens your safety.
It is intended to protect you and your dependents from any further threats of violence or harassment by that person.
There are 2 types of AVO:
Apprehended Domestic Violence Order (ADVO).
An ADVO is an order where the people involved are related, living together or in a relationship.
Apprehended Personal Violence Order (APVO).
An APVO is an order where the people involved are not related, or do not have a domestic relationship such as neighbours or work colleagues.
How do I get an AVO if I feel threatened or have serious concerns about my safety?
An application needs to be made at the local court. In some instances, the police will take out an apprehended violence order on someone else’s behalf.
The matter will be mentioned before the local court. This is to determine whether it needs to be listed for hearing.
Quite often, the defendant will consent to the application without admitting to any of the allegations. This allows you to obtain an order without going to a hearing.
If the defendant opposes your application for an order, the magistrate will need to list the matter for hearing.
You will be required to give evidence setting out the reasons why you need the apprehended violence order. The defendant will also provide evidence as to why they consider the AVO is not necessary. The magistrate will weigh up the evidence and decide if an AVO should be granted.
Can the AVO be breached?
If someone has an AVO against them, they are required to abide by a number of conditions.
If these conditions are breached, there are severe penalties including imprisonment and a criminal conviction.
Can I cancel an AVO?
An apprehended violence order can last for anywhere from six months to years.
As the applicant, you may be able to withdraw the order if you no longer feel threatened. However, if the police took out the AVO on your behalf, you may not be able to withdraw the order.
If you need further assistance regarding an apprehended violence order, contact us