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An Apprehended Violence Order (AVO) is a Court order that seeks to modify or restrict the defendant’s behaviour which is intended to provide protection to the person in need of protection (PINOP).
There are two types of AVOs:
Section 16 Crimes (Domestic and Personal Violence) Act 2007 provides the test which the Courts undertake in considering making an ADVO. The section states that an ADVO can be issued if the Court is satisfied on the balance of probabilities that a person who has or has had a domestic relationship with another person has reasonable grounds to fear and in fact fears:
(a) the commission by the other person of a personal violence offence against the person, or
(b) the engagement of the other person in conduct in which the other person:
being conduct that, in the opinion of the Court, is sufficient to warrant the making of the order.
The term ‘’domestic relationship’’ includes marriage, de-facto relationship, relative, intimate relationship, couple living in the same home.
Section 19 Crimes (Domestic and Personal Violence) Act 2007 provides the test which the Courts undertake in considering making an APVO. The act states that an ADVO can be issued if the Court is satisfied on the balance of probabilities that a person has reasonable grounds to fear and in fact fears:
(a) the commission by the other person of a personal violence offence against the person, or
(b) the engagement of the other person in conduct in which the other person:
being conduct that, in the opinion of the Court, is sufficient to warrant the making of the order.
An ADVO is issued when there is a domestic relationship between the parties, while an APVO is issued when there is no domestic relationship between the parties.
If certain offences are alleged against a defendant, the Police are obligated to also make an AVO application against the defendant for the protection of the victim. The AVO application is usually determined at the conclusion of the criminal charges. These are known as Police AVOs.
In the alternative, a PINOP may file an application for an AVO themselves, these are called Private AVOs.
a. dismiss the application for lack of merit, or
b. list the application for mention
a. Consent to the AVO, or
b. Contest the AVO
a. orders that the applicant file and serve its evidence in support of the application by a certain date (usually within 2 weeks),
b. orders that the defendant file and serve its evidence against the application by a certain date (usually within 4 weeks), and
c. the matter is listed for a compliance mention (usually 5 weeks from the first mention)
Breaching?contravening an AVO condition is a criminal offence pursuant to section 14 Crimes (Domestic and Personal Violence) Act 2007 . The maximum penalty for the offence is 2 years imprisonment and/or fine of up to $5,500.
A breach/contravention of an AVO condition is a criminal offence and therefore the standard applied is ‘beyond reasonable doubt’. The prosecution has to prove the following beyond reasonable doubt:
There may be a defence applicable to the breach/contravention of AVO and its application will depend on the circumstances of the alleged contravention.
If you have been served with an AVO and want to know your rights, please contact the team at Pannu Lawyers.
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