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APPREHENDED VIOLENCE ORDERS
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APPREHENDED VIOLENCE ORDERS

An Apprehended Violence Order (AVO) is an Order made by a court against a person, such as a current or former partner, or another person who makes you fear for your safety. An AVO is intended to protect you from further violence, intimidation, stalking or harassment.

 

All AVOs made by the court restrain the person who is causing these fears from assaulting, harassing, threatening, stalking or intimidating you. The person you fear, known as the defendant, must comply with the conditions of the Order made by the court. Breaching or contravening the conditions of the AVO is a criminal offence and the defendant can be charged by police and possibly detained in police custody without bail.

 

There are two types of AVOs:

  • Apprehended Domestic Violence Order (ADVO) — is made to protect a person where a domestic relationship exists between the parties

  • Apprehended Personal Violence Order (APVO) —  is made where the people involved are not related and do not have a domestic relationship, for example co-workers and neighbours.

 

The most common type of AVO is an ADVO, which is often applied for by police once a person is charged with a domestic violence related offence, such as common assault or intentionally/recklessly destroy or damage property. Either police can apply for an ADVO on behalf of a person who is in need of protection, or a person who is in fear for their safety can make a private application to the Local Court.

 

Most APVOs are made by way of private application by a person seeking protection, usually from a neighbour or work colleague. However, such applications can have heavy costs implications if you are unsuccessful and the Court declines to make a final APVO. Accordingly, you should seek legal advice before making an private application for an AVO.

 

Can I revoke or vary the conditions of my ADVO or APVO?

Whether the AVO is interim or final, parties to the order can seek a variation to the conditions by agreement or application to the Court. If the AVO is final, either the protected person or the defendant can make an application to vary or revoke the AVO provided that it is in the interest of justice to do so.

 

If you are served with an ADVO or APVO, or if you are seeking such orders against another person, please contact KF Lawyers to discuss your options and to obtain legal advice.

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