AVOs

Typically there are four major stages of an AVO application;

1. 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.

2. 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.

3. 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 It is critical to remember this order remains in force until they are either revoked, dismissed, withdrawn or superseded by a final court order.

4. 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.

The Applicant, whether that is the Police or yourself the applicant must show on the balance of probabilities that there are reasonable grounds to fear;

– a personal Violence offence i.e. assault, damage to property

– the conduct of the other person would constitute – intimidation and/or stalking

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.

There is no specific time limit for an AVO, however a standard period is 2 years this can be reduced or extended depending on how long the applicant is requesting and what the court considers necessary.

It is also important to remember that any AVO can also be extended on application by a person.

It is important to obtain legal advice before agreeing to any AVO or AVO extension.

The AVO itself is a civil matter, and generally should not appear on a regular criminal background check, however, they may especially if they are a current order.

AVO’s will likely appear on police checks and working with children checks, in particular for jobs that may involve children, the elderly or those that are vulnerable.

AVO’s are often called different things in different states

• Australian Capital Territory – Family Violence Order (FVO) or a Personal Protection Order (PPO). A FVO may be granted for a period of up to two years and a PPO, for a period up to 12 months.
• Queensland – Apprehended Violence Order (AVO), Domestic Violence Order, Intervention Order, Restraining Order and Protection Orders.
• Victoria – Family Violence Intervention Order (FVIO)
• South Australia – Intervention Orders
• Western Australia – Violence Restraining Order (VRO)
• Tasmania – Police Family Violence Orders – (PFVO) AND Family Violence Orders (FVO)
• Northern Territory – Domestic Violence Order (DVO) and Apprehended Violence Orders (AVO)

You can still apply for a Working with Children Check. The outcome of the Check will depend on the type of criminal or workplace records you have.

There are some offences (not AVO’s) that will lead to automatic disqualification under Schedule 2 of the Child Protection (Working with Children) Act 2012.

Generally if an AVO or Criminal Conviction does cause an issue a risk assessment will be undertaken:

Factors relating to the conduct

• Seriousness (as demonstrated by details of the conduct, court outcome and penalty)
• Length of time since it occurred
• Age and vulnerability of the victim
• Relationship between offender and victim(s)
• Age difference between offender and victim
• Whether the offender knew or could have known the victim was under 18

Factors relating to the applicant

• Conduct since the offence
• Age at the time
• Current age
• Seriousness of total criminal records

Factors relating to recurrence

• Likelihood of the offences being repeated
• Impact on children of the offences being repeated.

In 2015, the Council of Australian Governments (COAG) agreed that all states and territories introduce model laws to automatically recognise and enforce Domestic Violence Orders across Australia.

All states and territories have now passed legislation implementing a framework for the national scheme.  This means that AVOs (provisional, interim and final) made in any state or territory on or after 25 November 2017 will automatically be recognised and therefore enforceable in all other states and territories. For AVOs made prior to 25 November 2017, an application for registration can be made to a court in the state or territory in which the person is living.