An Apprehended Violence Order “AVO” can be Domestic “ADVO” or Personal “APVO”. It is a legally binding court order that prohibits the defendant’s actions. This order can included anything from contacting another person to physical actions such as not to assault or harass.
The main difference between a Domestic and Personal Violence Order is essentially the relationships between the parties.
An ADVO from 25 November 2017 operations on a national level, an APVO will need to be registered with each state where the person in need of protection resides.
Stages of an AVO
Typically there are four major stages of an AVO application;
- Application
This is the initiation of the process where an application for an AVO is first completed. This can be done by the Police and/or a private application through the courts.
If the AVO remains an application only, that means that the AVO is not legally enforceable once served on the responding party.
- Provisional Order
If the matter is deemed serious enough the application may be immediately made into a Provisional AVO. This means that once the order is served upon you / respondent the order is legally valid and binding until changed and/or revoked or dismissed by the court.
- Interim Order
After the first court date a Provisional Order is automatically made into an Interim order whether the court says so or not. It is critical to remember this order remains in force until they are either revoked, dismissed, withdrawn or superseded by a final court order.
- Final Order
A final order is where an order has been made by the court and the AVO is enforce for a period, typically one to two years depending on the application.
Contact us to make an appointment to discuss your situation, 0407 171 626.
What are the stages of an AVO proceeding?
Typically there are four major stages of an AVO application;
- Application
This is the initiation of the process where an application for an AVO is first completed. This can be done by the Police and/or a private application through the courts.
If the AVO remains an application only, that means that the AVO is not legally enforceable once served on the responding party.
- Provisional Order
If the matter is deemed serious enough the application may be immediately made into a Provisional AVO. This means that once the order is served upon you / respondent the order is legally valid and binding until changed and/or revoked or dismissed by the court.
- Interim Order
After the first court date a Provisional Order is automatically made into an Interim order whether the court says so or not. It is critical to remember this order remains in force until they are either revoked, dismissed, withdrawn or superseded by a final court order.
- Final Order
A final order is where an order has been made by the court and the AVO is enforce for a period, typically one to two years depending on the application.
What does it mean to have an AVO?
Although an AVO is not a criminal conviction it is an order of the court and has the potential to have a significant impost upon your personal and professional life.
Any breach/contravene of an AVO is a criminal charge and could have significant legal consequences. For more information on this look at Contravene AVO. Common disputes involving neighbours involve noise and fencing, which are not matters that an APVO will resolve and a Community Justice Centre may obtain a better outcome.
Some of these consequences include:
- Removal of firearms and the immediate suspension of any firearms licence.
- Not being able to hold a firearms licence until 10 years past the expiry of any order
- The AVO will remain on the Police data base for life if granted or not
- Possible employment issues such as the security/policing industries and working with children.
It is important to seek legal advice before consenting to any AVO no matter what the circumstances. Catron Simmons Lawyers can assist and offer a consultation to explain the processes, consequences and information relating to your situation.
What needs to be proven in a Private initiated AVO?
Private initiated AVO’s are between two private parties.
The test for the making of such an order is that the court is satisfied on the balance of probabilities that a person has reasonable grounds to fear and in fact fears:
- the commission by the other person of a personal violence offence against the person, or
- the engagement of the other person in conduct in which the other person:
- intimidates the person, or
- stalks the person,
being conduct that, in the opinion of the court, is sufficient to warrant the making of the order.
What Orders form a part of an AVO?
Standard Orders
Not to assault, molest, harass, threaten or otherwise intimidate with the victim
Must not intimidate the victim
Must not stalk the Victim
Other Common Orders
Not to contact, approach or attempt to contact the victim
Not to attend or enter within a certain distance of a particular location including a school or child care that the child may attend or residence
Not to reside at a location
Not to approach the victim after drinking alcohol
Not to damage property
Restrictions or removal of access to firearms.
Can Children be included on AVO's?
Children can also be included on any AVO in two ways. Firstly, they as a named protected person and secondly, as a person that resides at the same location as the person named.
If there are later proceedings in the Family or Federal Court in regard to divorce or children, the court must take into account any allegations of family violence and be notified or any AVO’s.
AVO Hearings where no associated charges
AVO Hearings are run completely different to a ‘normal’ application or charge in criminal law. The major difference is that these proceedings follow civil litigation rules, in that both sides are required before the hearing to have served all materials in affidavit form on each party and the court.
It is critical that you engage a solicitor early in the process to ensure that you present/defend your case clearly and appropriately in order for your interests to be supported.
We would typically recommend that a person take preventive steps before applying for an order.
How long is an AVO for?
There is no specific time limit for an AVO, it depends on how long the applicant is requesting and what the court considers necessary. Meaning an AVO can be for a period of days, months but more likely years.
It is also important to remember that any AVO can be extended on application.
It is important to obtain legal advice before agreeing to any AVO or extension for an AVO to understand your rights.
Consequences of an AVO
Although an AVO is not a criminal conviction or order it is an order of the court and has the potential to have a significant impact upon your personal and professional life.
Some of these consequences include:
- Removal of firearms and the immediate suspension of any firearms licence
- Not being able to hold a firearms licence until 10 years past the expiry of any order
- The AVO will remain on the Police database for life if granted or not
- Possible employment issues such as the security/policing industries and working with children
- Breaching an AVO is a serious offence with a maximum fine of $2,200 and two years imprisonment.
it is important to seek legal advice before consenting to any AVO no matter what the circumstances. Catron Simmons Lawyers can assist and offer a consultation to explain the processes, consequences, and information relating to your situation.