An Apprehended Violence Order (AVO)

Criminal Law

An apprehended violence order (AVO) is a court order made against you which aims to protect a ‘person in need of protection’ (‘PINOP’) from violence, harassment, intimidation, or stalking.

There are two different types of AVOs:

Apprehended Domestic Violence Order (ADVO)

An ADVO is issued where there is an existing domestic or family relationship between yourself and the PINOP such as you are married, de-facto, or in an intimate relationship.

It can also be where you live in the same house together, one person cares for the other person or you are a relative of the PINOP.

This domestic relationship can be extended to include you being part of the same Indigenous (Aboriginal) kinship family.

Apprehended Personal Violence Order (APVO)

An APVO is issued where there is no domestic or family relationship between the parties where the PINOP is a neighbour, a work colleague or a friend or acquaintance.

Prosecution

The applicant or PINOP needs to prove three things on the balance of probabilities. This means more than 50%. This is different from all reasonable doubt.

That the PINOP has reasonable grounds to fear that the other person will stalk or intimidate them or commit a ‘violence offence’ against them. This is unless you are under the age of 16, below average intelligence or that the order is necessary to prevent the recurrence of personal violence.
The fear is reasonable in the circumstances, and
The conduct that is feared justifies the issuance of an AVO.

Defence

It is noteworthy that many applications for an AVO are made during family law proceedings and appear timed to cause maximum disturbance to the other party.

You will need to present evidence to prove that the applicant does not fear that you will stalk or intimidate them or commit a violence offence against them. Often this will involve phone records and online conversations such as Facebook. If you have a witness, you will need to obtain a statement from them.

You need to show that the applicant does not have any reasonable grounds to fear you.

Lastly, you will need to show that the feared conduct is not serious enough to justify the making of an AVO. In other words, it is trivial in nature.

Warnings

You may consent to the AVO with or without admissions. If you consent to the AVO with admissions, you will be admitting to what was that was alleged by the person seeking the AVO. In other words, you are admitting your guilt.

If you consent to the AVO without admissions, the court will make the AVO. However. you are not admitting to what was alleged by the person.

Often the police prosecutor will ‘encourage’ you to consent without admissions. You need to be aware that this will be used against you in the Family Court, and it may impact your ability to work with children and your ability to carry firearms.

Having an AVO against you means that you will have to tread very carefully so that you do not breach the AVO as this is a criminal matter. The maximum penalty for breaching an AVO is 2 years imprisonment and/or a $5,500 fine.