Every Apprehended Domestic Violence Order (ADVO) and Apprehended Personal Violence Order (APVO) includes Condition 1, the mandatory condition that prohibits the defendant from assaulting, threatening, stalking, harassing, or intimidating the protected person.

Depending on the circumstances giving rise to the application, additional conditions may be imposed to safeguard the protected person. These conditions are tailored to address specific risks and may include restrictions on behaviour, contact, family & parenting, proximity, or other relevant conduct.

Condition 1

1. The defendant must not do any of the following to the protected person or anyone the protected person has a domestic relationship with:
2. assault or threaten them,
3. stalk, harass or intimidate them, or
4. intentionally or recklessly destroy or damage any property or harm an animal that belongs to or is in the possession of them.

Condition 2

2. You must not approach the protected person or contact them in any way, unless the contact is through a lawyer.

Condition 3

3. You must not approach:
4. the school or any other place the protected person might go to for study,
5. any place they might go to for childcare, or
6. any other place listed.

Condition 4

4. You must not approach or be in the company of the protected person for at least 12 hours after drinking alcohol or taking illicit drugs.

Condition 5

5. You must not try to find the protected person except as ordered by a court.

Condition 6

6. You must not approach the protected person or contact them in any way, unless the contact is:
   1. through a lawyer, or
   2. to attend accredited or court-approved counselling, mediation and/or conciliation, or
   3. as ordered by this or another court about contact with child/ren, or
   4. as agreed in writing between you and the parent(s) about contact with child/ren, or
   5. as agreed writing between you and the parent(s) and the person with parental responsibility for in the child/ren about contact with the child/ren.

Condition 7

7. You must not live at:
   1. the same address as the protected person, or
   2. any place listed.

Condition 8

8. You must not go into:
   1. any place where the protected  person lives, or
   2. any place where they work, or
   3. any place listed.

Condition 9

9. You must not go within ___ metres of:
   1. any place where the protected person lives, or
   2. any place where they work, or
   3. any place listed.

Condition 10

10. You must not possess any firearms or prohibited weapons.

Breach of AVO

It is important to understand and comply with the conditions of an apprehended violence order. A breach of these conditions may constitute an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007, which carries a maximum penalty of two years imprisonment.

AVO conditions can be negotiated

The conditions and duration of both interim and final AVOs may be subject to negotiation with the protected person or the police. Conditions can be varied or removed either by agreement or through court proceedings.

In some instances, a defendant may consent to the making of an AVO on a “without admissions” basis for a limited duration and under standard conditions only.

In other cases, particularly where AVOs are initiated privately, it may be possible to negotiate undertakings to the court, which are formal promises not to engage in specified conduct, offered as an alternative to the making of an order.

About Post Author

Mark Racca

Principal Solicitor & Director
LLB, GradDipLegPrac, MPA

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