Apprehended Violence Orders are put in place to ensure the safety and protection of people who may be at risk of violence from another person. Though these orders can be associated with criminal charges, the proceedings are civil in nature. These orders prohibit people from doing certain acts such as stalk, harass or intimidate the person in need of protection.
Where the person in need of protection has a relationship of a domestic nature with the person who is served the ADVO.
These orders are made where there is no domestic relationship between the two persons, and can include work colleagues, broken-down friendships or neighbours.
S36 of the Crimes (Domestic and Personal Violence) Act 2007 states that all AVOs must have the three following prohibitive conditions that the defendant must follow:
There are other conditions that may be imposed such as the defendant being unable to approach the protected person, or to not approach the protected person when under the influence of alcohol or illicit drugs.
Police can apply for an AVO on behalf of the person in need of protection if they fear for their safety. The police will make a provisional order until the matter is dealt with in Court.
The person in need of protection or their guardian can also apply for an Apprehended Violence Order by attending their local court. However, it is a good idea to get legal advice before seeking an AVO – a lawyer can also help prepare the application.
When the matter is heard in Court, the defendant can accept the order, or challenge the order. If the defendant accepts the AVO, final orders will be made for a length of time specified by the Court. The person can accept the order without admitting to any of the allegations made against them.
If the defendant decides to challenge the AVO, it will be set down for a hearing date, where the Court will hear and consider the evidence. If the defendant also has criminal charges against them relating to the AVO, these will usually be heard together. The Court will then decide whether to grant or dismiss the application. The burden is placed on the Applicant to persuade the Court to make the order.
The Court will determine how long the AVO will last, and it will be for as long as the Court believes is necessary to ensure that the person is safe and protected. The protected person can apply for an extension to the AVO if they believe that a danger to their safety still exists. AVOs can be changed or cancelled if there is a change in circumstances. This can be done at the Local Court.
Breaching an AVO is a criminal offence, even though the orders are civil in nature. A person who is guilty of breaching an AVO can be fined up to $5,500 or may face 2 years imprisonment. It is a serious offence considering the awareness raised over recent years around domestic violence.
With years of experience in criminal law, our lawyers are experts in defending or assisting with AVO matters. You can be assured that you are receiving the best advice when it comes to your rights and any questions you may have. Contact Wollongong Criminal Law today for a free initial consultation to discuss your matter.
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