AVO - Domestic Violence

    AVO - Apprehended Violence Orders
    Domestic Violence

    Have you been served with an AVO (Apprehended Violence Order) by the Police after a domestic dispute? Do you need an AVO to protect you following a domestic dispute? 

    If so, the following provides an outline of the basic Orders that can be taken out and how we can assist you in your matter. 

    Who applies for an Apprehended Violence Order?
    An application for an AVO can be made by:
    1. A police officer on behalf of the protected person; or
    2. Any person above the age of 16 who lodges an application with the Local Court to be the protected person under an Apprehended Violence Order
    What happens if I am the Defendant in an application for an Apprehended Violence Order?
    Depending on what you and the applicant want to do, the matter may proceed in the following ways:
    • Give a formal promise (undertaking) to the court, basically promising to stop the behaviour causing the protected person to fear you and no Apprehended Violence Order will be made (not always an option, especially if charges are also laid against you);
    • Agree with the Apprehended Violence Order being made, without admitting any of the allegations, and a Final Apprehended Violence Order will be made (ie consenting without admissions);
    • Agree with the Apprehended Violence Order being made, admitting the allegations, and a Final Apprehended Violence Order will be made (not a preferred option as you have made an admission);
    • Defend the application for the Apprehended Violence Order being made in a hearing at Court and a Magistrate decides whether to make the Apprehended Violence Order or dismiss the Application (contesting the AVO).
    If the police applied for the AVO on behalf of the protected person, they will represent the protected person, referred to in the AVO documentation as the PINOP (Person in Need of Protection). 

    At the first return date of the matter, you will receive a Brief of Evidence against you (referred to as the Mini Brief, which will include the initial statements of witnesses/PINOP and/or a DVEC (Digital Video recording of the statement of the PINOP). 

    In cases where an Application is made privately referred to as an APVO (Apprehended Personal Violence Order), the Applicant may be ordered to serve statements comprised of evidence against you and you may be ordered to serve statements in your defence (generally referred to as the timetable for evidence).

    What happens at court when defending an Apprehended Violence Order?
    If you do not consent to the AVO, the matter will be set down for hearing. The Court will set a timetable for any evidence to be served by either party and when the hearing commences, the Court will hear from both sides and their witnesses. In essence, the PINOP must, in asking the Court to make an Apprehended Violence Order against you, establish on the balance of probabilities the following:
    • the protected person fears that the Defendant will be violent towards them, harass them or intimidate or stalk them (this is a subjective test, which means that it is based on what the protected person actually feels), and
    • the protected person’s fear is based on reasonable grounds (this is an objective test, which means it is based on whether the court believes that a person in the protected person’s situation would feel the same as the protected person).
    It is important to note that an AVO is not a criminal charge and hence the hearing is not an ordinary criminal hearing. The Protected Person only needs to prove his/her case on the balance of probabilities, which is a lower standard than beyond reasonable doubt. Any contravention of the AVO becomes a criminal charge and if you are subject to an AVO, it is important you adhere to the conditions of the AVO. 

    How we can assist

    If you have had an AVO placed on you by the police, it is important you obtain legal advice in respect of the AVO and the conditions the Police have placed within the AVO. We have had many instances where there are conditions placed on the AVO even the PINOP did not want or anticipate in the first place, for example placing children on the AVO as PINOPs when not required. Not only does this restrict your contact with your children but also may have unintended consequences should there be any Family Law proceedings. 

    We are here to help. 

    Feel free to contact us for more information or simply fill out the form below and we will contact you to assist in your enquiry. 

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