AVO
What is an Apprehended Violence Order?
An AVO 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.
A domestic relationship is one where the parties are partners, ex-partners, family members or anywhere where a domestic relationship exists.
An Apprehended Personal Violence order is an order between parties that do not share a domestic relationship i.e. work colleague, neighbour etc.
What are the stages of an AVO proceeding (no charges)?
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 It is critical to remember this order remains in force until they are either revoked, dismissed, withdrawn or superseded by a final court order.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.
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 Grounds need to be proven in order to get an AVO?
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
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.
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.