There are two types of Apprehended Violence Order (AVO). They are:
- Apprehended Domestic Violence Order (ADVO) – where there is a domestic relationship between the parties;
- Apprehended Personal Violence Order (APVO) – where there is no domestic relationship between the parties (ie neighbours).
You can apply for an AVO if you have been the victim of a physical assault, the threat of a physical assault, stalking, intimidation or harassment and you have a reasonable fear that it will continue.
The police can make an application on your behalf, or if the police decline to make an application for you, any person over the age of 16 years can make an application for an AVO through the Local Court Registry.
There are mandatory conditions that appear on every AVO. These include the defendant must not do any of the following to the Protected Person or anyone they are in a domestic relationship with:-
- Assault or threaten them;
- Stalk, harass or intimidate them;
- Deliberately or recklessly destroy or damage anything that belongs to them.”
Additional conditions can be put in place depending on the circumstances of the case. For example, the defendant can not go within 100 metres of a specific address. All of the possible conditions that can be imposed can be found here at http://www.lawaccess.nsw.gov.au/Pages/representing/lawassist_avo/lawassist_defendingavo_home/lawassist_responding_avo/lawassist_mandatory_additional_def.aspx
An AVO is not a criminal matter, however breaching an AVO is a criminal offence. It is therefore better to have legal advice when thinking of pursuing or defending an AVO.
Please note the answers provided are for your general information only and we ask you to call our office on 02 6336 1485 to obtain detailed legal advice for your individual situation.
Alice Cheek | Criminal Law Solicitor