Apprehended violence orders – Turnbull Hill Lawyers

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Have you been served with an apprehended violence order, or AVO, and you’re wondering what to do next and what this is? Well, the good news is you have come to the right place. At Turnbull Hill Lawyers, we have extensive experience handling AVO cases from start to finish.

Hi, I’m Sally Elphick, a family and criminal law solicitor here at Turnbull Hill Lawyers. So, what are AVOs? An AVO is an Australian-wide court order designed to protect individuals from threats of violence, stalking, or intimidation. There are two primary types of AVOs: apprehended domestic violence orders (ADVOs) and apprehended personal violence orders (APVOs).

ADVOs are used where there is a domestic relationship between the parties, such as relatives or partners. In contrast, APVOs apply in cases without that domestic link, like disputes with coworkers or neighbours. Typically, the police apply for an AVO, but individuals can also apply personally.

An AVO can be made provisionally by the police to protect somebody before the first court date, as an interim order until the matter is heard at a hearing or consented to, and as a final order, which usually lasts for about two years. Several orders can be sought and made within an AVO, depending on personal circumstances, such as no-contact orders and restrictions on alcohol and drug use around the protected person.

If you contest the AVO, the applicant, usually the police, must prove to the court on the balance of probabilities (51% or more) that the protection is needed and that the fear is justified based on the circumstances. It is important to understand that an AVO in itself is a civil matter, not a criminal charge or offence. However, if you breach an AVO, it is a serious criminal offence, with potentially severe penalties including fines and imprisonment.

Additionally, an AVO is one-sided. You are not automatically protected from the person that has an AVO against you. An additional AVO would be required to protect you from that individual as well.

As a defendant in an AVO case, you have several options: You can contest the orders and take the matter to a hearing, you can consent to the orders without admitting to the allegations, and/or you can negotiate with the applicant. Depending on the AVO orders, they may require defendants to do things such as relocate and surrender firearms, which can affect things such as future working capacity and caring for children.

Whether you are seeking an AVO for your protection or are defending yourself against one, it is crucial to understand what your rights and obligations are so that you know what you can and cannot do.

Our team at Turnbull Hill Lawyers is experienced at navigating these complex matters, especially when they also involve a family law dispute. If you would like assistance with your AVO, please feel free to reach out to us. We would be very glad to help you.