Imagine, if you will, that you have been abused and intimidated by someone more times than you can count.
You want the violence to stop, but are terrified about what they might do if you report them.
Finally, you work up the courage to go to the police.
At the police station, an officer tells you that it is worth making an application for an Apprehended Violence Order for your protection, and that there are two distinct types.
You find the entire experience very overwhelming, and leave the police station more confused about Apprehended Violence Orders than ever.
In this blog, we explain what Apprehended Violence Orders are, why there are two different types, and what these Orders can and cannot do.
What are Apprehended Violence Orders?
They are orders which a magistrate in the Local Court of New South Wales makes to protect you from being abused (physically, verbally or otherwise), threatened, stalked and intimidated by another person.
Why are there two different types of Apprehended Violence Orders?
The reason for this is that the two Orders are designed to protect you from different groups of people.
A magistrate will issue an:
- Apprehended Domestic Violence Order to protect you from someone that you live with. This could be your spouse or another person in your household, for example.
- Apprehended Personal Violence Order to protect you from someone that you do not live with, are not in a relationship with or do not have a familial tie to. For instance, this might be a work colleague or a neighbour.
How can an Apprehended Violence Order protect me?
It is important to be realistic about how having an Apprehended Violence Order in place can and cannot protect you.
An Apprehended Violence Order can:
- Immediately deter the defendant from thinking that they can hurt you. Each Apprehended Violence Order clearly states that the defendant will face jail time, a fine or a criminal record if they breach it.
- Enable separated parents to co-parent better. For example, if you have been abused by the defendant in your home, an Apprehended Violence Order could say that they need to collect your children from the street rather than step inside your home.
- Be tailored to your circumstances. It could stipulate that the defendant cannot come near you after they consume drugs or alcohol.
- Impact on other areas of the defendant’s life. Having an Apprehended Violence Order in place could impact on the defendant’s ability to hold security or firearms licenses and their criminal record, ability to work with children and family law proceedings.
- Stop the defendant from visiting your residence. Please note that this only applies if your name is the only one on the title of the property.
Apprehended Violence Orders cannot:
- Physically stop a person from coming into contact with or being violent, abusive or intimidating towards you.
- Have no expiration date. An Apprehended Violence Order is designed to protect you from the defendant for however long you need to be protected from them.
- Stop someone whose name is also on the title of the property from living there UNLESS:
- the Apprehended Violence Order specifies that the person cannot live in the property with you; or
- the Family Court of Australia orders that you have exclusive occupation of the property.
Takeaways
The two different types of Apprehended Violence Orders can protect you from those who you live with, and those who you do not. However, there are limits to what these Orders can and cannot do.
If you have any questions about Apprehended Violence Orders or how they can protect you, our team is ready and able to assist you. Call our Blacktown office on 02 9920 1787 or our Dandenong office on 1300 825 335 to discuss your matter in a confidential manner.
The above information is intended as general information and is not intended to be relied on as legal advice.
