Domestic Violence or related offence encompasses a wide range of offences that occur within the home or against people who have a domestic relationship.
Typically these offences are:-
- Damage or destroy property
- Common Assault
- Assault occasioning Actual Bodily Harm
- Assault occasioning Grievous Bodily Harm
- Breaching an Apprehended Violence Order
All Domestic matters will typically have have an Apprehended Violence Order or (AVO) accompanying them.
What is an AVO?
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.
For more information please click on our link to our AVO page.
What is the process for an AVO?
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.
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.
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 It is critical to remember this order remains in force until they are either revoked, dismissed, withdrawn or superseded by a final court order.
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.
Can an AVO be removed?
The Applicant, typically the Police in domestic situations can withdraw the application. The Police are always hesitant to do this even in cases where the Person In Need of Protection (PINOP) does not want the AVO.
This occurs once an AVO has been made into a Final Order. The PINOP, applicant and/or the defendant can make an application to the court to have the AVO revoked. This can be done for a number of reasons including the ability to obtain a firearms licence after the expiry of the AVO.
In order for the AVO to be revoked there must be shown to be a change in circumstances and the court must find that it is in all the circumstances proper to do so.