WHAT IS AN APPREHENDED VIOLENCE ORDERS?
An Apprehended Violence Order (AVO) is an order made by the Court to restrict the defendant from contacting or from doing certain things to the applicant or the Person in Need of Protection (PINOP). There are mainly two types of AVO’s, they are:
- Apprehended Domestic Violence Order (ADVO)
- Apprehended Personal Violence Order (APVO)
Apprehended Domestic Violence Order
An order for Apprehended Domestic Violence Order (ADVO) is dealt with in section 16 of the Crimes (Domestic and Personal Violence) Act 2007 (the Act). The Act 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:
(i) intimidates the person or a person with whom the person has a domestic relationship, or
(ii) stalks the 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.
Apprehended Personal Violence Order
An order for Apprehended Personal Violence Order (APVO) is dealt with in Section 19 of the Crimes (Domestic and Personal Violence) Act 2007. The act states that an APVO 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:
(i) intimidates the person or a person with whom the person has a domestic relationship, or
(ii) stalks the person,
being conduct that, in the opinion of the Court, is sufficient to warrant the making of the order.
WHAT IS THE DIFFERENCE BETWEEN AN ADVO AND APVO?
ADVO is issued when there is a domestic relationship between the parties. While APVO is issued when there is no domestic relationship between the parties.
WHO CAN APPLY FOR AN AVO?
Where offence of assault, battery or other offences against a person are involved the police makes an application to the Court. These are known as ‘Police AVO’s’.
In the alternative, a person in need of protection may file for an application themselves, these are called ‘private AVO’s’.
WHAT IS THE PROCESS FOR AVO?
Before an AVO is issued, the person against whom an AVO is sought for is asked whether he/she consents to the AVO or wants to defend it. If consent is given then, the person in need of protection will be asked for the type of conditions being sought for. A consent to the AVO can be made with or without admitting to the conduct alleged.
When the accused choses to defend, a hearing date can be sought for, to determine the necessity of the AVO. In such a scenario, the Court may make ‘interim orders’ until a date for hearing is fixed. Once the matter has been considered by the Court, i.e after examining the statements of the parties, evidence, examination and cross examination, a decision may be made granting the AVO or dismissing it. A determination on the AVO can be made by the Court in the absence of the parties.
WHAT ARE THE CONSEQUECES OF BREACHING AN AVO?
The following penalties apply for breach of an AVO:
- Section 10 dismissal under the Crimes (Sentencing Procedure) Act 1999
- Conditional Release Order with or without dismissal
- Fine
- Community Correction Order
- Intensive Correction Order
- Prison
WHAT DOES THE PROSECUTION HAVE TO PROVE?
A breach of an AVO is a criminal offence and therefore the standard applied is ‘beyond reasonable doubt’. The prosecution has to prove the following beyond reasonable doubt:
- The accused breached a condition of the AVO
- The breach was done with knowledge or recklessly.
ARE THERE ANY DEFENCES AVAILABLE IN BREACH OF AVO PROCEEDINGS?
Self Defence, necessity and duress are some of the most common defences available. In addition, the accused can also plead that he/she did not realise that they were contravening the AVO, i.e lack of knowledge that there is an AVO in place.
If you have been arrested or the police are looking to interview you regarding an investigation, Pannu Lawyers is able to advise you of your rights at every step of the criminal investigation & trial process. Pannu Lawyers extensively practice in Criminal Law and regularly appear at Courts throughout New South Wales such as Blacktown Local Court, Mt Druitt Local Court, Parramatta Local Court & District Court, Burwood Local Court, Downing Centre Local Court & District Court, and Penrith Local Court. If your matter is at Blacktown Court, we are conveniently located within a walking distance from the Blacktown Local Court. Call our office on 02 9920 1787 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.
