Apprehended Violence Orders (AVO’s)
An Apprehended Domestic Violence Order (ADVO) is an AVO made for the protection of a person against another person with whom they have or have had a domestic relationship. AVO’s in NSW are governed by the Crimes (Domestic and Personal) Violence Act 2007.
The purpose of the AVO is to protect you from violence, threats, stalking, intimidation or harassment. The person against whom the order is made must abide by the AVO, failing which that person may be arrested and charged.
In order to obtain an ADVO, a person in need of protection must have or have had a “domestic relationship” with another person.
Section 5 of the Crimes (Domestic and Personal) Violence Act 2007 defines a domestic relationship which includes various connections like living together, being family, relatives, being in a romantic relationship, whether now or in the past.
Grounds required for an AVO to be issued in NSW
If a person assaults, threatens or stalks, harasses or intimidates you or intentionally or recklessly destroys or damages your property or harms an animal that belongs to you or displays any type of behaviour that causes you to be fearful, then it may be prudent to consider applying for an AVO.
Who can apply for an AVO
In most instances, it is the Police that will apply for any AVO for you. A person who is 16 years or older can apply for an AVO if that person has been assaulted, stalked, harassed intimidated or had their property damaged or their animal harmed.
If you are served with an AVO, it is important to obtain legal advice before taking the next step.
In many instances, AVO’s can be accompanied with criminal offences such as assault, intimidation or damage of property. An Apprehended Violence Order on its own is not a criminal matter and does not result in a criminal conviction. However, should you be served with an AVO and should you breach the order, then that is a serious criminal offence, which carries a maximum penalty of 2 years imprisonment and/or a fine of up to $5,500.
Whilst an AVO by itself does not constitute a criminal matter, an AVO can have significant consequences for you in your personal and professional life. Persons who work with children, like teachers, sports coaches, early childhood educators and people who work in the security industry or who hold security licences can lose their job if they have an AVO made against them.
Options available when served with an AVO
If you are served with an AVO, there are a few options available, namely:
- Consent to the Order
You can consent to the order by consent and on a “without admissions” basis. This means you agree to the order in the terms the police have asked for and generally the AVO will be in place for 2 years from the date the order is made. Consenting to the order can have prejudicial consequences which include working with children checks and firearms orders. - Defend the Order
You can defend the order and seek that the matter be determined by the Court at a hearing. Both the defendant and the police will have an opportunity to serve and file their evidence and the matter will be determined at court on a hearing date.
The test for making an AVO is that the Court must be satisfied on a balance of probabilities that a person has reasonable grounds to fear and in fact fears:
If you are served with an AVO, it is vital to contact our professional team of experienced lawyers at NCL. We have extensive experience in defending AVO applications.
