What is an AVO?

An Apprehended Violence Order is a court issued legal protection that shields people from violence, harassment, and intimidation under the Crimes (Domestic and Personal Violence) Act 2007. When you’re facing threats or fear for your safety, an AVO creates enforceable legal boundaries to protect you. These orders carry the full authority of Australian courts to ensure your wellbeing and peace of mind.

According to the NSW Bureau of Crime Statistics and Research (BOCSAR):

• Nearly 50,000 domestic AVOs commenced in NSW (48,814 in 2023/24), up 32% from 37,099 domestic AVO in 2019/20.
• Police apply for 98% of domestic AVOs, while 1% are initiated by a member of the public.
• While all AVOs require that the offender not assault, threaten or intimidate the protected person, only 40% of domestic AVOs restrict the offender from having any contact with the protected person.
• In quarter 2 2024, there were 100,111 domestic AVOs in force. This is a 52% increase in the four years since quarter 2 2020 (66,008 domestic AVOs in force).
• Among the 100,111 ADVOs in force in quarter 2 2024, 4.0% were breached in the previous three months and 20.7% had ever been breached.

Many victims report a significant decrease in intimidation, harassment, and violence after obtaining an AVO. However, it’s important to note that around 20% of AVOs are breached at least once.

Types of AVOs Available

Apprehended Domestic Violence Orders (ADVO)

ADVOs protect people in domestic relationships like partners, family members, or housemates. For example, a partner experiencing threatening behavior can get an ADVO to prevent their ex from approaching their home or workplace.

Apprehended Personal Violence Orders (APVO)

APVOs cover non-domestic situations involving neighbors, colleagues, or strangers. A typical case might involve a neighbour who repeatedly threatens or harasses someone, leading to an APVO that prevents any contact.

Key Features and Components

Legal Protection Scope

• The AVO provides clear legal protection against any form of physical violence or threatening behavior that makes you fear for your safety.
• Your order actively prevents stalking behaviors like following you, watching your house, or tracking your movements, while also stopping all forms of intimidation that cause you distress.
• The protection extends to your property, making it a criminal offense for someone to deliberately damage or destroy your belongings or home.
• You’re protected from all forms of harassment, whether it happens in person, through phone calls, online messages, or via other people acting on their behalf.

Court Requirements

• The court needs to see evidence that would make any reasonable person fear for their safety in your situation.
• You’ll need to show clear reasons why you need protection by explaining specific incidents or behaviors that have caused your fear.
• Legal documents must be formally served on the person you need protection from, usually handled by police or court officers.
• Both parties typically need to attend court hearings where a magistrate will review the evidence and make decisions about the order.

Protection Measures

• The court can create a safety bubble by ordering the person to stay a specific distance away from places you live, work, or regularly visit.
• Your AVO can stop all forms of communication, including banning phone calls, text messages, emails, social media contact, or having others pass on messages.
• The order can make certain locations completely off-limits to the restricted person, protecting you at home, work, or other places you need to feel safe.
• Courts have power to control who can access properties, even preventing someone from entering their own home if necessary to ensure your safety.

Common Questions About AVOs

How can I apply for an AVO?

Through the Police:

• • If it’s an emergency, call the police right away on 000.
  • For non-emergencies, call the police on 131 444.
  • You can also visit your local police station and talk to an officer or the Domestic Violence Liaison Officer (DVLO) about your situation.
  • The police can assess your situation and apply for a temporary AVO (called a provisional AVO) on your behalf if they believe you’re in danger.

Applying Yourself (Private Application):

• • You can go to your local Magistrates Court or Local Court.
  • They will have forms you need to fill out to apply for an AVO.
  • It’s helpful to gather evidence to support your application, like photos, medical records, or written statements from witnesses.
  • Once you complete the forms and have them signed by a Justice of the Peace (JP), you can file them with the court.
  • The court will then schedule a hearing date.

Some important things to remember:

• If you’re under 16, only the police can apply for an AVO on your behalf.
• If you’re between 14 and 17, you can apply through the Children’s Court.
• While you can apply for an AVO yourself, having a lawyer can be helpful, especially when navigating the court process.
• Some courts offer free legal advice through programs that support victims of domestic violence.

No matter which method you choose, getting an AVO can be a scary process. But remember, there’s help available.

What are the consequences of breaching an AVO?

Breaking an AVO is a serious crime in Australia. Here are some of the potential consequences:

• Criminal Record: You could be arrested, charged, and convicted of a criminal offense.
• Jail Time: You could face up to two years in prison.
• Fines: You could be fined up to $5,500.
• Impact on Your Life:
  • A criminal record can make it harder to find a job or get a license, such as a driver’s license or a firearm license.
  • If you work with children, a breach could affect your employment.
• Bail Restrictions: If you’re accused of breaking an AVO, especially if it involves violence or other crimes, you might be denied bail and held in custody.

It’s important to understand that even unintentional breaches can lead to charges. If you have an AVO, it’s crucial to follow its conditions carefully to avoid serious legal trouble.

How long does an AVO typically last?

An Apprehended Violence Order (AVO) in Australia usually lasts for 1 to 2 years, but it can vary depending on the situation. Here’s a breakdown:

Adults (18 and over):

• • By default, AVOs last for 2 years unless the court decides on a different timeframe.
  • The court can set it anywhere between 12 to 24 months.

Minors (Under 18):

• • By default, AVOs last for 1 year unless the court decides on a different timeframe.

What Affects the Length of an AVO?

The court considers several factors when deciding how long an AVO should last, including:

• Severity of the threat: More serious threats will likely lead to a longer AVO.
• Needs of the protected person: The court considers how long the person seeking protection feels they need to be safe.
• Level of fear or anxiety: If the person feels very unsafe, the AVO might be longer.
• Defendant’s past history: Previous violence or threats might lead to a longer AVO.

Important to Remember:

• Both the person protected by the AVO and the person subject to the AVO can apply to the court to change the order. This could involve shortening, extending, or even revoking the AVO.
• If you need continued protection after the AVO expires, it’s best to apply for an extension around a month beforehand.

What is the difference between an AVO and a DVO?

Both Apprehended Violence Orders (AVOs) and Domestic Violence Orders (DVOs) are legal orders designed to protect people from harm. The main difference lies in the relationship between the person being protected and the person who is being restricted:

AVO (Apprehended Violence Order):

• Issued when there’s no domestic or family relationship between the two people involved.
• Can be used for situations involving neighbors, coworkers, or even strangers.
• In New South Wales, there are two types of AVOs:
  • ADVO (Apprehended Domestic Violence Order): for domestic relationships
  • APVO (Apprehended Personal Violence Order): for non-domestic relationships

DVO (Domestic Violence Order):

• Issued when there is a domestic or family relationship between the two people involved.
• Applies to relationships like spouses, partners, family members, or people living together.
• Specifically designed to prevent domestic violence and abuse within these relationships.

Key Similarities:

• Both AVOs and DVOs are court orders that aim to protect individuals.
• Violating either order is a serious crime with significant legal consequences.

Note: The specific terms and types of orders can vary between different Australian states and territories.

Can an AVO be rovoked or modified?

Yes, an AVO can be revoked or modified. This process is called “variation.”

Here’s how it works:

Who Can Apply?

• The person subject to the AVO (the defendant)
• The person protected by the AVO (the protected person)
• The police (if they initiated the AVO)

Reasons for Variation or Revocation:

• Significant change in circumstances: If the situation has changed, and the AVO is no longer necessary.
• No longer fearing the defendant: If the protected person no longer feels threatened.
• Disproportionate restrictions: If the AVO places unfair or excessive restrictions on the defendant.

The Process:

1. File an Application: You’ll need to fill out a specific form called “Application to Vary or Revoke Apprehended Violence Order.”
2. Serve the Application: You’ll need to serve the application to all parties involved, including the police if it was a police-initiated AVO.
3. Court Hearing: The court will schedule a hearing to consider the application. Both parties may need to provide written statements and give oral evidence.

Important to Remember:

• An AVO can only be varied or revoked while it’s still active and has been properly served.
• The court will carefully consider the current circumstances and the need for continued protection when making a decision.

Contact Mediations Australia for a confidential consultation with our family law experts or mediation specialists. We’ll help you understand your options and develop a practical plan that works for you.