About the Author
Jessica O’Brien
Published on November 29, 2024
In situations involving threats, harassment, or violence, an Apprehended Violence Order (AVO) can provide legal protection and peace of mind.
Designed to safeguard individuals from harm, AVOs are a critical part of the legal framework in New South Wales and across Australia. Whether you’re dealing with domestic violence or seeking protection from personal threats, understanding what an AVO is and how it works is the first step toward ensuring your safety.
In this guide, our domestic violence lawyers Sydney will break down everything you need to know about AVOs, from the different types available to the steps for applying and the conditions they can impose.
Whether you’re wondering how to get an AVO or exploring whether one is right for your situation, this article will help you navigate the process with confidence and clarity.
Types of AVOs
In New South Wales, Apprehended Violence Orders (AVOs) are legal orders designed to protect individuals from violence, harassment, or intimidation. Similar to what some states refer to as a family violence order, AVOs provide enforceable protections for those at risk. There are two primary types of AVOs, each tailored to specific circumstances:
1. Apprehended Domestic Violence Order (ADVO)
An ADVO is issued when the individuals involved share a domestic relationship. This can include partners, ex-partners, family members, or others in an intimate or domestic relationship.
ADVOs are commonly sought in cases of domestic violence to protect the safety of the affected person from threats, harassment, or violent behaviour.
2. Apprehended Personal Violence Order (APVO)
An APVO applies to situations where the individuals do not share a domestic relationship. This type of order is often used to address disputes or threats involving neighbours, colleagues, or acquaintances. It is specifically designed to prevent personal violence, harassment, or intimidation outside of family or domestic settings.
Both ADVOs and APVOs aim to protect individuals by restricting the actions of the person posing a threat. They can prohibit contact, enforce physical distance, or include other conditions designed to safeguard the protected person.
Understanding the difference between an AVO and an ADVO is crucial when determining which type of protection order applies to your situation. Knowing your options ensures you take the appropriate legal steps for protection.
How an AVO can provide you legal protection
An AVO against someone imposes certain conditions and enforceable restrictions on the defendant, which provides a safety net backed by the law, which gives the protected person more than just peace of mind—it offers tangible protection.
Once an AVO is issued by the court, it becomes a legally binding order. This means that breaching the conditions of an AVO is treated as a criminal offence. So, if the defendant disregards the restrictions—whether by contacting the protected person, approaching restricted areas, or engaging in prohibited behaviour—they can face criminal charges. These penalties act as a deterrent, emphasising the seriousness of the order.
AVOs empower law enforcement to act swiftly. If a breach is reported, police are obligated to investigate and can arrest the defendant without a warrant. This immediate response ensures that threats or acts of intimidation are addressed promptly.
An AVO often impacts the defendant’s legal standing. For example, they may lose eligibility for a firearms license or face restrictions that affect their daily life. These consequences reinforce the seriousness of compliance and provide an added layer of protection for the person at risk.
AVOs work alongside other legal protections, such as parenting orders or property recovery orders, to provide comprehensive safety. They create a framework where the protected person can rebuild their life without fear of interference or harm.
In essence, an AVO translates your need for safety into enforceable legal protections, ensuring that both the defendant and authorities understand the boundaries that must be respected.
How to get an AVO
Applying for an Apprehended Violence Order (AVO) can feel overwhelming, but understanding the process can make it more manageable. Whether you’re seeking protection from domestic violence or another threatening situation, the steps are designed to prioritise your safety while ensuring a fair legal process.
Step-by-step process to get an AVO:
- Report the issue to the police
In many cases, the first step is contacting your local police station. If the situation involves immediate danger, the police can issue a provisional AVO to provide temporary protection until the matter goes to court. - File an application at the local court
If the police are not involved, you can apply for an AVO directly through your local court. You’ll need to complete an application form detailing why you are seeking the order and the behaviour of the person you want protection from. - Attend the first court hearing
The court will schedule a hearing, and the defendant will be notified of the application. At this stage, the magistrate may issue an interim AVO to provide temporary protection until a final decision is made. - Present evidence
To support your case, you may need to provide evidence such as police reports, witness statements, text messages, or other documentation that demonstrates the need for protection. This is your chance to show the court why the AVO is necessary. - Final hearing and decision
If the case is contested, it will proceed to a final hearing where both parties present their arguments. The court will then decide whether to grant a final AVO and what conditions it should include.
What to expect during the process:
- Legal representation: While it’s not mandatory to have a lawyer, seeking legal advice can ensure your application is strong and comprehensive.
- Police involvement: In domestic violence cases, police officers often play a significant role in supporting the application and ensuring your safety.
- Timeframes: The process can vary depending on whether the defendant contests the application. Provisional and interim orders offer immediate protection while you await the court’s decision.
Understanding the process and knowing what to expect can help you feel more in control. If you’re unsure about any part of the application, seeking guidance from a legal professional can make all the difference.
AVO conditions
When an Apprehended Violence Order (AVO) is issued, it includes specific conditions aimed at protecting the safety and wellbeing of the protected person. These conditions set clear boundaries for the defendant, ensuring they cannot engage in behaviour that poses a threat. While the conditions will differ on a case-by-case basis, there are some common conditions – we’ve listed these below:
Common AVO conditions:
- No contact: The defendant may be prohibited from contacting the protected person directly, indirectly, or through third parties. This includes phone calls, messages, and social media interactions.
- Restricted proximity: The AVO can require the defendant to stay a certain distance from the protected person’s home, workplace, or other specified locations. This helps ensure physical safety and peace of mind.
- No harassment or intimidation: The defendant is prohibited from engaging in behaviour that causes fear, intimidation, or harassment, including verbal threats or stalking.
- Prohibition on entering premises: The defendant may be restricted from visiting certain places, such as the protected person’s home or school.
- Firearms restrictions: AVOs often include a condition that prohibits the defendant from owning or possessing firearms or prohibited weapons, which may require surrendering any existing licenses or weapons.
- Protection of property: The order may extend to protecting the protected person’s property, ensuring the defendant cannot damage, interfere with, or access belongings.
As we touched on above, each AVO is different and will be customised to reflect the specific needs of the protected person. The court takes into account the nature of the threats or behaviour and creates conditions that provide maximum safety.
Breaching any AVO condition is a serious criminal offence. Defendants who fail to comply with the terms may face significant penalties, including fines, imprisonment, or both. This enforceability ensures the protected person’s safety is prioritised and that the defendant understands the gravity of their obligations.
By imposing these conditions, an AVO establishes clear legal protections that help prevent further harm and provide a sense of security for the protected person.
Can an AVO application be withdrawn?
Yes, withdrawing an AVO application is possible, but it’s not always as simple as deciding you no longer want to proceed. Since AVOs are designed to protect individuals from harm, the court needs to ensure that withdrawing the application won’t put anyone at risk.
If the AVO was applied for by the police on your behalf, their approval is often required before the application can be withdrawn. This is because the police have a duty to prioritise public safety, and they may object if they believe the threat still exists. Even in cases where the application was filed privately, the court must review and approve the withdrawal to ensure it’s in the best interest of everyone involved.
There are many reasons why someone might consider withdrawing an AVO application. Sometimes circumstances change, and the situation that led to the application no longer feels threatening. Other times, the parties may have reconciled or found a resolution outside of the legal process. However, it’s essential to carefully weigh this decision, as withdrawing the application could leave you without legal protection should the behaviour happen again.
If you’re unsure about whether withdrawing your application is the right choice, speaking with an experienced lawyer can help you navigate the decision and consider all the potential outcomes.
When you can apply for legal costs
Legal proceedings can be expensive, and it’s natural to wonder if you can recover some of those costs. In AVO cases, whether you can apply for legal costs often depends on the circumstances of the application and its outcome.
If you’re the defendant in an AVO case and the court finds that the application was frivolous, vexatious, or without merit, you may be able to seek an order for the applicant to cover your legal costs. This is meant to deter the misuse of the legal system and compensate individuals who were wrongfully subjected to proceedings.
For applicants, it’s less common to recover legal costs unless there are exceptional circumstances. In some situations, particularly where the AVO was applied for through police intervention, there may be no legal costs to recover since the process is handled by law enforcement.
It’s important to note that decisions about legal costs are made by the court on a case-by-case basis. If you believe you’re entitled to seek costs, presenting a clear and well-supported argument is essential. Seeking legal advice can also help clarify your options and guide you through this process.
FAQs
Having questions about AVOs is common, especially when navigating the legal process for the first time. Below, we’ve answered some of the most frequently asked questions about AVOs to help you better understand how they work.
- How long does an AVO last?
The duration of an AVO depends on the court’s decision. Provisional or interim AVOs provide short-term protection until a final hearing, while a final AVO can last for months or even years, depending on the circumstances. The exact length is determined by the magistrate based on the needs of the protected person.
- What happens if someone breaches an AVO?
Breaching an AVO is a serious criminal offence. If a defendant violates the conditions of the order, they may face penalties such as fines, imprisonment, or both. It’s important to report any breaches to the police immediately so they can take appropriate action.
- Can you apply for an AVO online?
In some cases, you can start the application process online, depending on the state or territory. However, you may still need to attend court or provide further documentation in person. Your local court or police station can provide guidance on the specific process in your area.
- Do you need a lawyer to get an AVO?
While it’s not mandatory to have a lawyer to apply for an AVO, seeking legal advice can be incredibly beneficial. A lawyer can help strengthen your application, guide you through the court process, and ensure you fully understand your rights and obligations.
- Does having an AVO affect someone’s criminal record?
An AVO itself does not result in a criminal record. However, breaching an AVO is a criminal offence and can lead to a criminal conviction, which will appear on the defendant’s record.
How Unified Lawyers can help
Whether you’re applying for an AVO or responding to an application, it’s normal to feel stressed. That’s where Unified Lawyers comes in. As a trusted family law firm, we provide clear, compassionate, and practical legal advice tailored to your situation.
From navigating your rights and obligations to guiding you through court proceedings, our experienced team specialises in family law matters, including those involving domestic violence and protection orders. Whether you need help filing an application, defending against an AVO, or seeking advice on related family law issues, we’re here to support you every step of the way.
Don’t face this process alone. Call us on 1300 667 461 or book a free, no-obligation consultation online today using the button below, to take the next step with confidence.
Published on November 29, 2024
“All materials throughout this entire website has been prepared by Unified Lawyers for informational purposes only. All materials throughout this entire website are not legal advice and should not be interpreted as legal advice. We do not guarantee that any of the information on this website is current or correct.
You should seek specialist legal advice or other professional advice about your specific circumstances.
All information on this site is not intended to create, and receipt of it does not constitute a lawyer-client relationship between you and Unified lawyers.
Information on this site is not updated regularly and so may not be up to date.”
