AVO stands for Apprehended Violence Order. AVO’s are usually served alongside a charge that is domestic violence related. Although, AVO’s can be served upon you with no criminal charges attached. This can be a very stressful situation for you as it may affect your ability to enter your home, restricting contact with your loved ones, and may affect your work or ability to hold certain licences.

AVO’s are essentially in place to protect a person who is in need of protection, it is essential that AVO’s serve a legitimate purpose. However, if an AVO is being used for improper reasons then our lawyers can help you fight them. Examples of improper AVO’s is if your partner is after revenge or wants to strengthen their family law matter against you, or potentially stop you from seeing your children with false allegations and applies for an AVO.

AVO’s of this kind are deemed improper therefore, you can have our lawyers fight against the AVO that was wrongfully and improperly applied for. If successful, our lawyers can have an unfair and improper AVO withdrawn or rejected by the court. It is important to remember that AVO’s are usually made by police if they have concern about the welfare of an individual who is known as the PINOP (person in need of protection).

This means police can apply for an AVO even if the PINOP does not want an AVO for protection. Alternatively, there are also private AVO’s where the individual directly applies to the court for the AVO.

An AVO does not mean you will not get a criminal conviction if an AVO is in place. An AVO does not appear on your criminal record. However, an AVO may have ramifications on your work life. An AVO will show up on a background check if conducted by an employee. If you work with children, then your work may be affected as the AVO will show up if your employee conducts a background check. If you carry firearms for work, then this also can be affected by the AVO.

An AVO alone is not a criminal charge, however breaching an AVO is serious and thus becomes a criminal matter. A breach of AVO carries a maximum penalty of 2 years imprisonment and a $5500 fine.

There are two types of AVO’s:

• 1. Apprehended Domestic Violence Order (ADVO) An ADVO, or an Apprehended Domestic Violence Order, is a category of AVO that is issued to protect a person from someone who they are, or were, in a domestic relationship with. A domestic relationship is when the two parties were or are married, in a de facto relationship or an intimate personal relationship
• 2. Apprehended Personal Violence Order (APVO) An APVO, or an Apprehended Personal Violence Order, is a category of AVO that is issued to protect a person from another person when there is no domestic relationship and there has never been a domestic relationship between them, such as neighbours or work colleagues.

With AVO’s you have three options:

• 1. Agree to the AVO- admit to the conduct alleged and consent to the AVO being made. You can agree to the AVO and the allegations. This means that you agree with the facts which states what happened in the application and you consent to the AVO (in terms sought or agreed to), then you can agree to the AVO.
• 2. Agree to the AVO- without admission You can agree to an AVO without admission. This means that you agree to the AVO being made, without admitting or agreeing to the facts which states what happened in the application.
• 3. Contest the AVO If you believe the purpose of the AVO is to serve improper reasons, then you have the right to contest the AVO. This means that you do not agree to the AVO, nor do you agree to the facts which state what happened in the application.

To finalise an AVO application the prosecution or applicant need to prove to the court that the:

• Person in need of protection (PINOP) has reasonable grounds to fear for their safety that the defendant will stalk, intimidate, or commit violence against them.
• Person in need of protection (PINOP) holds fear that is reasonable.
• The AVO justifies the conduct that is feared.

If you believe that an AVO has been applied to serve improper reasons. Your lawyer can contest the AVO and place strong evidence before the court to prove this. If the court is convinced with the evidence put before it then the court will not grant the AVO.

Mandatory Conditions

The mandatory AVO conditions are that you must not:

• · Assault or threaten the protected person or any other person having a domestic relationship with the protected person.
• · Stalk, harass or intimidate the protected person or any other person having a domestic relationship with the protected person intentionally.
• · Recklessly destroy or damage any property that belongs to or is in the possession of the protected person or any other person having a domestic relationship with the protected person.

There are a number of additional orders that a court can include in an Apprehended Violence Order (AVO).

The Court will make additional orders if it decides that they are necessary in the circumstances to ensure the safety and protection of the protected person.