Apprehended Violence Orders
An apprehended violence order (AVO) is an order that stops behaviour of one person, to protect another person.
AVOs can either be domestic or personal. Most AVOs are applied for by the police after an incident, but they can also be applied for by individuals on their own behalf.
Yes. An interested party in the APVO or ADVO may apply to vary it. An interested person can be the police, the applicant, the defendant or the protected person.
Applications to vary or revoke AVOs are often given timetables for everyone to file and serve their evidence before they are given a hearing date.
Where the police have made an applicant for an AVO on behalf of someone else, that person is known as the ‘Person in Need of Protection’ or PINOP.
A PINOP is not able to drop an AVO or make the police withdraw their application, even if they tell the police they don’t want it.
How Can We Help?
Joshua Blom Lawyers are experts in helping people deal with their AVOs.
We are with you throughout the entire process, from the initial free consultation, to negotiating with the police, drafting statements, and most importantly to advocating on your behalf at court.
Apprehended Domestic Violence Orders
These kind of AVOs come about when there is a domestic relationship between the people involved. Domestic relationships are defined very broadly and it doesn’t mean necessarily mean that there has been an intimate relationship between the two people.
Police must apply for an ADVO if an offence has been committed, if one is being committed or if one is imminent or likely to be committed.
If an ADVO is accompanying a criminal charge, and a plea of guilty is entered to that charge, then the court is obliged to make the ADVO final unless there is a good reason not to.
Apprehended Personal Violence Orders
Personal AVOs are made where there isn’t a domestic relationship between the parties.
Personal or private AVOs usually occur between neighbours or friends.
They are not initiated by the police but the police usually serve the AVO for an applicant.
Anyone can make an application for an APVO, and they must prove on the balance of probabilities that they fear an offence, that their fears are reasonably and that the conduct warrants the making of a final APVO.
What Happens At Court?
What happens at court will depend upon the kind of AVO you have been served with, and whether or not you have been charged with a criminal offence too.
On the first court date, if there are no charges, you will be asked if you want to consent to the AVO or if you want to contest the AVO.
If you decide to contest the AVO then the court will order a timetable of important dates. These dates are:
- The Applicant file and serve their evidence:
In most cases the Applicant is the police. The first important date on the timetable is the date they have to file their evidence. Usually this involves the Applicant sending their statements and any other material they’re going to rely upon to the court registry.
- The Defence file and serve their evidence:
The second important date in the timetable is the date where the Defence have to respond to the evidence of the Applicant. You or your lawyer will prepare statements and evidence you intend to rely on at a hearing and file it at the court registry.
- Compliance check date:
Before the matter can go to a hearing, the court makes sure that everyone has complied with the timetable at a compliance check mention date. If a party hasn’t complied with the timetable then an argument can be made to either finalise or dismiss the AVO.
At a hearing for an ADVO or APVO the Magistrate will read all of the evidence filed by the parties. Witnesses then need to give evidence and are then often cross examined. The Magistrate will then decide, on the balance of probabilities, if they should make a final AVO or not.
If You've Been Served With an AVO
It is important you speak with an expert criminal lawyer as soon as possible. Agreeing to an AVO could have significant consequences on your future.
Joshua Blom Lawyers are AVO experts. We act for both defendants and persons in need of protection regularly.
Our firm was started by an ex police officer who not only prosecuted domestic violence matters, but also investigated them. We know the process back to front, and we’ll work with you to get you the best possible outcome in all of the circumstances.
Call us now to find out how we can help you.