APPREHENDED VIOLENCE ORDER (AVO)

In NSW, the Crimes (Domestic and Personal Violence) Act defines domestic violence and family violence as:

An offence committed by a person against another person with whom the person who commits the offence has (or has had) a domestic relationship 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)

It depends on the court diary as to how quick the process is. COVID-19 has impacted on NSW courts and may result in delays, especially in Sydney courts.

No. You must be able to prove you have reasonable grounds to fear or in fact fear

• The commission of personal or domestic violence offence; OR
• Intimidation; OR 
• Stalking

It is an offence to make false statements and can result in 12 months imprisonment, a fine of $1100.00 or both.

Breaching an AVO is a serious criminal offence and can result in a criminal conviction. The maximum penalty for breaching an AVO is 2 years imprisonment or a fine of $5,500.00 or both.

You do not require Police assistance to apply for an AVO. A private AVO (APVO) can be placed without police assistance. You can speak to one of our criminal defence lawyers or an Australian Legal Practitioner to assist you to complete and file an application to the Local Court, or you can download and file an application yourself from the Court’s website. It is recommended that you obtain legal advice before filing an application. The process can be complex and you may not have sufficient or admissible evidence to support your application. You will be required to pay a filing fee when you lodge your application and if your application is unsuccessful, you may be required to pay a court fee and costs to the other party.

An AVO is an enforceable court order for the safety and protection of an individual or group of people. There are two (2) types of apprehended violence orders:

1. Apprehended Domestic Violence Order (ADVO)

2. Apprehended Personal Violence Order (APVO)

ADVOs apply where incidents of alleged domestic or family violence offences have occurred. Domestic violence offences are an offence committed by one person against another person with whom the person who commits the offence has (or had) a domestic relationship. This means anyone you have or had an intimate relationship with such as a partner, child, roommate, etc.

Apprehended Personal Violence Orders apply where incidents of alleged personal violence offences have occurred. For example between friends, work colleagues, neighbours, etc.

Order 1 is the only mandatory order in an AVO. It applies to provisional, interim and final AVOs. It states:

You must not do any of the following to <protected people>, or anyone she/he/they has/have a domestic relationship with:

(a) assault or threaten her/him/they,

(b) stalk, harass or intimidate her/him/they, and

(c) intentionally or recklessly destroy or damage any property or harm an animal that belongs to or is in the possession of protected people.

This order will remain in place even if you successfully applied to have the AVO amended to remove other conditions.

You can apply to the Local Court to amend or revoke an AVO. However, it is unlikely that a Court will amend or revoke an AVO if:

a) The Police have made the application on behalf of the PINOP and hold concerns for the PINOP’s safety

b) The PINOP does not consent to the Order being changed or revoked

c) The Court is not satisfied that it is appropriate to do so

You are in breach of an ADVO/APVO if you fail to comply with any of the conditions set out in the order. For example, contacting the PINOP when the order states that you cannot them.

The Police regularly conduct compliance checks to make sure people are complying with their ADVO/APVOs, however, anyone can make a report to the Police that an order is not being complied with.

The Police will investigate the allegations and determine whether a breach has occurred. If they believe it has, you can be arrested and charged with contravene prohibition/restriction in AVO. You may or may not be granted bail, depending on the seriousness of the breach, and required to appear in Court at a later date.

Breaching an AVO is a serious criminal offence and can result in a criminal conviction. The maximum penalty for breaching an AVO is 2 years imprisonment or a fine of $5,500.00 or both.

Since 2007 domestic violence offences have been dealt with under Criminal Law. They are also governed by state legislation, meaning that NSW has its own legislation regarding domestic violence criminal offences. The victims of crime in such cases are considered persons with whom the accused has or a had a domestic relationship. This may be a current or ex-partner or even a sibling, child or parent. Young people and child related matter may become more severe and lead to other proceedings being commenced in the children’s court. 

It is important to realise that domestic violence offences are dealt with in the same way that other criminal offences are dealt with by the Court. Do not take this lightly and seek legal advice as soon as you become aware of any charges being brought against you in that regard.