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Apprehended Violence Order (AVO)

If you experience violence or fear violence during a domestic or kinship you'll apply for an order (including an urgent or temporary order) to assist stop that violence. The police can also press charges against the one that is being violent.

Apprehended Violence Order - AVO

Each Australian state has its own laws regarding violence orders and therefore the actual name of the orders varies between states. in NSW, a violence order is understood as an Apprehended Violence Order or AVO, although only in New South Wales is it formally referred to as an AVO. In South Australia and Victoria it's called an Intervention Order, in Queensland it's a violence Protection Order, in Western Australia it's a Restraining Order, in Tasmania it's a Family Violence Order and within the Northern Territory and therefore the ACT it's a violence Order.

While the names differ, the processes in each state are similar. An AVO made in any state or territory of Australia are often registered for enforcement in the other state or territory if the necessity arises. you'll be ready to apply for an additional sort of order for your protection if you're scared of an individual with whom you're not during a relationship.

Who can apply for an AVO?

You can apply for an AVO for cover if you're experiencing violence during a domestic or a kinship . counting on your state or territory, these relationships may include:

  1. an intimate personal relation (e.g. husband/wife, boyfriend/girlfriend or same sex relationships).
  2. a kinship (e.g. a sibling or parent).
  3. an informal care relationship (when an individual depends on another for help in their daily living.
  4. activities like dressing and cooking).
  5. if you're an Aboriginal person or a Torres Strait Islander, a member of your kin or relatives.
  6. (according to the Indigenous kinship system of your culture).

What is domestic or family violence?

Domestic or family violence can include:

  1. sexual abuse
  2. physical abuse
  3. psychological/emotional abuse
  4. economic abuse
  5. stalking
  6. intimidation or harassment
  7. social abuse – including isolating you from family and friends, controlling what you are doing and where you go
  8. spiritual abuse – including not allowing you to possess your own opinions about religion or cultural beliefs and values.

What is an AVO?

An AVO is typically made by a court, but in some instances the police can make an order. These orders are made with conditions designed to guard you from future abuse.

An AVO must be made for a hard and fast period of your time . During that point , it'll place restrictions on the behaviour of the one that is being violent or is threatening to be violent to you. they'll even be required to go away your home or not come near your home or workplace.

In some states, a violent one that is that the subject of an AVO can’t own a weapon or have a weapons licence, or may have their name faraway from a lease. If there are Family Law Orders in situ for custody of or contact with a toddler or children, the AVO must take into consideration the terms of these Family Law Orders

The process for an AVO

If you or anyone else is in immediate danger, call 000 immediately .

Otherwise, the primary step is typically to ring the police and report the violent behaviour. they're going to be ready to offer you advice and should be ready to make the appliance for an AVO on your behalf.

If you're scared of immediate harm, you'll apply for an urgent or interim AVO to guard you until your application is heard. If not, you'll also apply for an order at a magistrates’ court or an area court, or in some states you'll be ready to get a lawyer or someone you trust to use for you. you'll usually include your children within the order. It’s an honest idea to urge legal advice.

When you’ve made an application for an AVO, you’ll tend a court date. At court, the person the appliance is against (the violent person) can either comply with the order, oppose it, or invite another court date to offer them time to urge legal advice.

Breach of an AVO

If the person the AVO is against (the violent person) breaches a term of the order, you ought to ring the police who will investigate. Breaching an AVO may be a criminal offence in every state and territory, and there could also be other offences committed while breaching the order like assault or property damage.

Legislation

  1. ACT – Domestic Violence and Protection Orders Act 2008
  2. Northern Territory – Domestic and Family Violence Act
  3. New South Wales – Crimes (Domestic & Personal Violence) Act 2007
  4. South Australia – Intervention Orders (Prevention of Abuse) Act 2009
  5. Tasmania – Family Violence Act 2004
  6. Victoria – Family Violence Protection Act 2008
  7. Western Australia – Restraining Orders Act 1997

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Aoife O'Donohoe

Aoife O'Donohoe

Solicitor | Sydney