Criminal Law Newsletters
A Guide to Apprehended Violence Orders
An Apprehended Violence Order is an order made by the Court to protect a person from another person.
AVO's can only be made when the Court is satisfied that there was a domestic relationship between the protected person and the person against whom the order is sought. If there is no domestic relationship between the parties than the person seeking protection can apply for an Apprehended Personal Violence Order ("ADPVO").
When will a Court make an AVO?
A Court will only make an AVO if it is satisfied, on the balance of probabilities, that the person seeking the AVO has reasonable grounds to fear, and in fact fears, that the other person will commit a personal violence offence or harass, intimidate or stalk the person.
What does an AVO do?
An AVO made by the Court stops a person doing the following things to the protected person:
- Assaulting, molesting, harassing, threatening or otherwise interfering with the protected person or a person with whom the protected person has a domestic relationship;
- Engaging in any other conduct that intimidates the protected person or any person with whom the protected person has a domestic relationship;
- Stalking the protected person or a person with whom the protected person has a relationship.
What is a domestic relationship?
A person has a "domestic relationship" with another person if:
- They are or have been married to the other person;
- They are or have been in a domestic relationship;
- Has or have had an intimate personal relationship with the other person whether or not that relationship was of a sexual nature;
- Is living or have lived in the same household as the other person;
- Is living or has lived as a long term resident in the same residential facility as the other person;
- Has or have had a relationship involving dependence on the on the ongoing or unpaid care of the other person;
- Is or has been a relative of the other person; or
- In the case of an Aboriginal 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 will an AVO last?
The Court will make an order for an AVO to last as long as they believe is necessary.
What happens if someone breaches an AVO?
If a person breaches an AVO than they will be subject to criminal charges.
Do I need legal advice?
If you are served with an application for an AVO by the police, it is important to seek legal advice before going to Court. Even though an AVO is not a criminal charge, if an AVO is made and you breach the order then you will be subject to criminal charges.
