“What is AVO meaning” is an important question to discuss within the context of family law. AVO stands for Apprehended Violence Order. AVO meaning is that these are court orders that provide protection to a person, or a group of people against further violence, harassment or intimidation.
If you are a person who is in need of protection (PINOP) from someone, you should read about AVO meaning and process to apply for the same. AVO meaning is that it protects the PINOP from the defendant.
Court-ordered apprehended violence orders prevent the defendant from:
- intimidating, or
the applicant. Moreover, when reading up on AVO meaning, you should also know the court can include other orders within an AVO. For example, the court may prevent the defendant from contacting the protected person, or preventing them from going within a certain distance of the person. They will also not be allowed to damage or destroy property that belongs to the PINOP.
AVO Meaning: Types
There are two types of AVOs:
- Apprehended Domestic Violence Order (ADVOs)
- Apprehended Personal Violence Order (APVOs)
In case there is a domestic relationship between the person in need of protection and the defendant, the ADVO is relevant.
On the other hand, APVOs are applicable in situations where there is no domestic relationship or intimate relationship between the PINOP and the defendant. For example, if the defendant is a neighbour, mutual friend, colleague or someone you don’t know.
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How to Make an AVO Application?
In NSW, you can make an application either by going to the local court or going to the police station. If the applicant goes to the local court, they can make the application through a Registrar. This is a “private application”, as opposed to a “police application” where the police applies on your behalf.
In fact, if the police thinks that the person is in need of urgent protection, they can take a provisional AVO to provide protection until the court hearing date. The NSW police force also has domestic violence liaison officer who are professionals specially trained in dealing with domestic abuse and child protection matters.
AVO Meaning: Frequently Asked Questions
In this Section, we provide answers to some FAQs related to AVO meaning.
Q1. What is an AVO in Australia?
A: As we have explained above, an AVO is a legal order issued by a court to protect a person from violence, threats, harassment, or intimidation.
Q2. Who can apply for an AVO in Australia?
A: Anyone who feels unsafe due to the behaviour of another person can apply for an AVO. This includes family members, current or former intimate partners, and even neighbours.
Q3. What types of AVOs are there in Australia?
In Australia, there are two main types of AVOs: Domestic AVOs (related to domestic relationships) and Personal AVOs (related to non-domestic situations).
Q4. How do I apply for an AVO in Australia?
A: To apply for an AVO, you typically need to visit your local police station or courthouse and request the necessary forms. You’ll then need to fill out the application and provide evidence of the alleged behaviour.
Q5.What happens after I apply for an AVO?
A: Once you apply, a court hearing will be scheduled. Both parties will have the opportunity to present their evidence and arguments. The court will then decide whether to grant or deny the AVO.
Q6. What conditions can be included in an AVO in Australia?
A: Conditions in an AVO can vary but often include orders to refrain from approaching or contacting the protected person, staying away from their residence or workplace, and not possessing firearms.
Q7. Can an AVO be challenged or revoked in Australia?
A: Yes, if someone believes an AVO has been unfairly issued against them, they can apply to the court to have it revoked or varied.
Q8. What are the penalties for breaching an AVO in Australia?
A: Breaching an AVO can result in criminal charges, which may lead to fines or imprisonment.
Q9. How long does an AVO last in Australia?
A: The duration of an AVO can vary depending on the circumstances and the court’s decision. It can be in place for a specified period or indefinitely.
Q10. Can I get legal assistance for AVO matters in Australia?
A: Yes, you can seek legal advice and representation for AVO matters. We do recommended to consult with a lawyer to understand your rights and options.
Beaching the conditions of an AVO is a serious offence. In serious cases, this can result in the police arresting the defendant who breaches the AVO and they can face an imprisonment period of 2 years. Parties can also expect to receive a fine of around 5,500 AUD for the offence of breaching an AVO.
In some situations, the defendant may have valid legal defences against the charge of breaching an AVO. This can include if:
- the accused is able to prove that they were not aware of the AVO against them;
- if they breached it under duress wherein someone has reasonably forced to commit an act that led to the breach of conditions;
- it may be possible that they have accidentally breached the AVO, i.e. if they have unknowingly breached the conditions.
Let’s suppose that there is an AVO against Glossy. One of the conditions of the AVO is that Glossy must not enter the same premises where Roland (the protected person) is. Roland visits the golf club on a given day, and Glossy also happens to be there.
In this case, Glossy is unaware that Roland will be in the golf club. Therefore, she has not knowingly breached the conditions of the AVO.
Obtaining Legal Advice from Family Lawyers
Our Sydney family lawyers and Melbourne family lawyers have extensive experience in dealing with domestic violence cases within the context of family law. If you already have a court date, it is best to seek legal representation as soon as possible.
Whether it is to do with your intimate personal relationship or otherwise, family violence intervention order play a crucial role in ensuring your protection.
We can assist you with a variety of matters including divorce and separation, property settlement, domestic and family violence, child custody and Wills and estate planning.
For more information, do not hesitate to contact our team today. We can also provide online consultations if you are outside NSW or Victoria. If you face domestic and personal violence, this is a serious issue and a criminal offence.
Contact us for more enquiries related to domestic or family violence.