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:-
All Domestic matters will typically 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 include 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.
You should obtain legal advice regardless on whether you intend to defend or consent to an AVO as there can be wide ranging consequences.
For more information, please click on our link to our AVO page.
What is the process for an AVO?
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 It is critical to remember this order remains in force until they are either revoked, dismissed, withdrawn or superseded by a final court order.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.
Can an AVO be removed?
Withdrawn
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.
Revoked
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.
What is the meaning of a domestic violence offence?
A Domestic Violence offence is any by a person against another person where there is a domestic relationship and commits an offence being:-
(a) a personal violence offence, or
(b) an offence (other than a personal violence offence) that arises from substantially the same circumstances as those from which a personal violence offence has arisen, or
(c) an offence (other than a personal violence offence) the commission of which is intended to coerce or control the person against whom it is committed or to cause that person to be intimidated or fearful (or both).
What is defined as a domestic relationship?
A domestic relationship is defined in section 5 under the Crimes (Domestic and Personal Violence) Act 2007 as:-
(a) is or has been married to the other person, or
(b) is or has been a de facto partner of that other person, or
(c) has or has had an intimate personal relationship with the other person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature, or
(d) is living or has lived in the same household as the other person, or
(e) is living or has lived as a long-term resident in the same residential facility as the other person and at the same time as the other person (not a correctional centre) or
(f) has or has had a relationship involving his or her dependence on the ongoing paid or unpaid care of the other person or
(g) is or has been a relative of the other person, or
(h) in the case of an Aboriginal person or a Torres Strait Islander, is or has been part of the extended family or kin of the other person according to the Indigenous kinship system of the person’s culture.
How long does an AVO last?
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.
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.
Do I have to go to court for an AVO?
Yes you will have to attend court if you want to apply for and/or defend an AVO.
If you have been served a copy of the AVO and you do not attend court the court is within their rights to make the application or the interim order final for a period of time.
While an AVO is not a criminal conviction or record there are a number of consequences and you should obtain legal advice before not attending court and/or consenting to an order.
My partner didn't want the AVO or for me to be charged, so why was I?
It is current NSW Police Force Policy that the strongest consideration should be given towards taking action in cases of suspected domestic violence.
It is not uncommon for the Police to take action against a person on the basis of what was said when Police arrived whether the PINOP has given an official version and/or statement or not.
