Apprehended Violence Order
Apprehended Violence Orders (AVO’s)
There are two (2) types of AVO’s;
- An Apprehended Domestic Violence Order (“ADVO”); and
- An Apprehended Personal Violence Order (“APVO”).
The person who the order is made to protect is called the “PINOP”, or the “Person in Need of Protection”.
The person who the order is made against is known as the “Defendant”.
The PINOP can either apply to the Chamber Magistrate or the Police may seek an order for their protection.
In circumstances which people are involved in a “domestic relationship” and criminal charges have been laid by police following an incident, such as allegations of a common assault or stalk/intimidate; the police will apply for ADVO.
A person may seek an order that someone not “harass or stalk” them, contact them, attend their residence or place of work, consume alcohol in their presence or within 12 hours prior, etc. These orders can also be extended to protect anyone with whom the PINOP is involved in a “domestic relationship”.
Provisional Orders
These are orders made by Police and remain in force for 28 days or when the matter is listed before the Court for the first time
Interim Orders
These are orders made by the Court and remain in force until final orders are made.
Final Orders
As the term suggests, these are the final orders in an AVO. They can be made by consent (agreement between the PINOP and the Defendant) or following a “show cause hearing”. These orders can be made for any period up to five (5) years.
Contravening or Breaching an AVO
If it is alleged that someone has contravened an AVO, the Police will most likely arrest the person. The person will be served with a “Court Attendance Notice”, which details the nature of allegations and the date the matter is listed before the court.
It is important that you attend Court when required as you may be found guilty in your absence if you do not attend.
If you deny the allegations and enter a pleas of “not guilty”, the matter will be listed for hearing on a future date.
Contravening or breaching an AVO is a serious criminal offence which is recorded on a criminal record. Penalties include up to two years imprisonment and/or a $5,500.00 fine. This means that the Court can order a person to serve a term of imprisonment AND fine the person up to $5,500.00.
Need help regarding an AVO?
If so, they are seeking that you be restrained from doing something, going somewhere, or seeing someone.
An Apprehended Violence Order, or “AVO”, is an order restraining the defendant (you) from approaching/contacting the person in need of protection (otherwise known as the “PINOP”), a specified place or engaging in specific conduct (such as drinking alcohol) when in the presence of PINOP.
There are two main types of AVO’s and an “Application” must be made for the Orders to be made Final. These Applications can either be made by the Police or a private citizen.
If it is a Police Application, Provisional Orders will usually be made immediately and remain in force for 28 days and/ or until the matter comes before the Local Court.
If you agree to order AVO orders being made against you by the Police or someone else, it does not mean you are pleading guilty to a criminal offence. If you consent to the Application the matter will most likely be a very short procedure in the Local Court, who will make the Final orders for a specified period of time.
If you oppose the AVO being made and seek the matter be “listed for hearing”, and in most cases interim orders will be made.
Sometimes people may consent to an AVO being made even though they know the facts contained in the Application are not accurate. They may do this on a “without prejudice” basis, which means they do to admit to the facts- but they agree to the order being made.
Many people believe this to be the “easier” option. And if there are no further complaints, in many cases it is. However, many people do not consider what will happen on the next occasion if it is alleged they have contravened the order. And what if the PINOP or someone else makes a false complaint to Police again?
Once the Order is in place, if it is alleged that you have contravened the order, the next occasion in Court will be very different.
If the Police receive a report that an AVO has been contravened, in most cases, they will arrest you, take you in custody and charge you under Section 14 of the Crimes (Domestic and Personal Violence) Act 2007 of “Contravening an Apprehended Violence Order”. You will be served with a Court Attendance Notice (most likely in custody) and be required to attend Court again- where you must either plead guilty to the allegations or defend the charges when/if you are granted bail.
The penalties for contravening an AVO in NSW include up to two years imprisonment and/or a fine up $5,500.00. A conviction can also have serious implications for people working in specialised employment and may restrict your ability to travel overseas.
With such serious penalties for contravening an AVO, the question must be asked, “Is it best to consent to the AVO being made when the basis for seeking the order is false?”
It is important to consider these things when deciding if you should to consent or oppose an AVO being made. Consenting to an AVO where there is no reasonable basis for the order may unnecessarily make you vulnerable to a vexatious complaint of contravening the order. If you have to regularly come into contact with the person seeking the AVO, such as in a domestic or work environment, these factors become even more important.
We always advise our clients that if someone is seeking an AVO against them, and they know the complaint to be false, that they carefully consider if agreeing to the Order is the “easier” option. In the long run, it may not be.
If the Police or someone else is seeking an AVO against you and you require legal advice, contact us here.
This article is intended to be general in nature and should not be construed as specific legal advice.
Provisional Orders
These are orders made by Police and remain in force for 28 days or when the matter is listed before the Court for the first time
Interim Orders
These are orders made by the Court and remain in force until final orders are made.
Final Orders
As the term suggests, these are the final orders in an AVO. They can be made by consent (agreement between the PINOP and the Defendant) or following a “show cause hearing”. These orders can be made for any period up to five (5) years.
There are two (2) types of AVO’s;
- An Apprehended Domestic Violence Order (“ADVO”); and
- An Apprehended Personal Violence Order (“APVO”).
The person who the order is made to protect is called the “PINOP”, or the “Person in Need of Protection”.
Contravening or Breaching an AVO
If it is alleged that someone has contravened an AVO, the Police will most likely arrest the person. The person will be served with a “Court Attendance Notice”, which details the nature of allegations and the date the matter is listed before the court.
It is important that you attend Court when required as you may be found guilty in your absence if you do not attend.
If you deny the allegations and enter a pleas of “not guilty”, the matter will be listed for hearing on a future date.
Contravening or breaching an AVO is a serious criminal offence which is recorded on a criminal record. Penalties include up to two years imprisonment and/or a $5,500.00 fine. This means that the Court can order a person to serve a term of imprisonment AND fine the person up to $5,500.00.
If you need advice regarding or representation in an AVO matter Call 1300 HCD LAW or click here to enquire.
It is important that you attend Court when required as you may be found guilty in your absence if you do not attend.
Contravening or breaching an AVO is a serious criminal offence which is recorded on a criminal record. Penalties include up to two years imprisonment and/or a $5,500.00 fine. This means that the Court can order a person to serve a term of imprisonment AND fine the person up to $5,500.00.
Penalties include up to two years imprisonment and/or a $5,500.00 fine. This means that the Court can order a person to serve a term of imprisonment AND fine the person up to $5,500.00.
If you agree to order AVO orders being made against you by the Police or someone else, it does not mean you are pleading guilty to a criminal offence. If you consent to the Application the matter will most likely be a very short procedure in the Local Court, who will make the Final orders for a specified period of time.
If you oppose the AVO being made and seek the matter be “listed for hearing”, and in most cases interim orders will be made.
Need an AVO Lawyer?
Is someone seeking an apprehended violence order against you?
Our AVO lawyers can help. Contact us here (obligation-free).
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