Apprehended Violence Orders (AVOs)

There are two types of Apprehended Violence Orders (AVOs):

1. Apprehended Domestic Violence Order (ADVO) is issued to protect a person where a domestic relationship exists between the parties (e.g. partners, family members, or former partners).
2. Apprehended Personal Violence Order (APVO) is issued to protect a person where no domestic relationship exists between the parties, such as neighbours, colleagues, or acquaintances.

When to apply for an AVO?

Any individual who has experienced physical assault, threats of harm, stalking, intimidation, or harassment and holds a reasonable fear that such conduct will continue, may be considered a victim/protected person for the purposes of seeking protective measures.

Who can apply for an AVO?

An AVO may be sought by any person over the age of 16 or by a police officer. Individuals may apply directly by speaking with the Court Registrar at their local court.

If the conduct amounts to a criminal offence, it should be reported to the police, regardless of whether the person has a personal relationship with the alleged perpetrator. Police will assess the circumstances and, if appropriate, take a formal statement.

Where police form a belief and suspicion that an ADVO is necessary to ensure the safety and protection of the person, they are obligated to initiate the application on that person’s behalf.

Conditions of an AVO

An Apprehended Violence Order (AVO) may include up to ten conditions. Condition 1 is mandatory and appears on all AVOs. It prohibits the defendant from:

• assaulting or threatening the protected person,
• stalking, harassing, or intimidating them, and
• deliberately or recklessly destroying or damaging any property belonging to the protected person or any individual with whom they share a domestic relationship.

Additional conditions may be imposed based on the specific circumstances of the matter. These may include restrictions such as:

• Prohibition from residing at the family home;
• No contact with the protected person, except through legal representatives;
• Prohibited presence within a specified distance of the protected person’s residence, workplace, or school;
• Prohibition from being in the company of the protected person for at least 12 hours after consuming alcohol or drugs;
• Prohibition from possessing firearms or prohibited weapons;
• Prohibition from attempting to locate the protected person.

Onus of Proof

The applicant for an AVO bears the legal onus of establishing the burden of proof ‘on the balance of probabilities’, that the making of the order is warranted under the law.

If the matter proceeds to a defended hearing and the applicant fails to meet that standard, the application will be dismissed, and no order will be made against the defendant.

Enforceability of an AVO

An AVO becomes legally enforceable once it has been formally served on the defendant.

AVOs and Criminal Convictions

It is a common misconception that the imposition of an AVO equates to a criminal conviction. This is incorrect, an AVO is a civil order and does not constitute a finding of guilt or result in a criminal record.

Breach of an AVO

If an enforceable AVO is in place and the defendant is believed to have breached one of its conditions, the breach should be reported to the local police for investigation. Where sufficient evidence exists, charges may be laid.

It is essential that defendants understand and comply with all AVO conditions. A breach constitutes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007, which carries a maximum penalty of two years imprisonment.

About Post Author

Mark Racca

Principal Solicitor & Director
LLB, GradDipLegPrac, MPA

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