Apprehended Violence Orders Law & Lawyers

In some parts of Australia, a court grants an apprehended violence order (AVO) to a person who fears violence or harassment from their harasser. A court can issue an apprehended violence order if it believes, on the balance of probabilities, that a person has reasonable grounds to fear personal violence, harassing conduct, molestation, intimidation, or stalking. If a defendant knowingly contravenes a prohibition or restriction specified in the order, he or she can be subject to a fine, imprisonment, or both.

Do you have a legal matter involving an apprehended violence order (AVO)? If so, Please complete your free Legal Enquiry Form to request immediate legal assistance on your legal matter.

What is an Apprehended Violence Order?

An Apprehended Violence Order (AVO) is an order made by a court restricting the behaviour of the person you take the order out against. The purpose of an AVO is to protect you from violence, harassment or intimidation in the future. An AVO usually states that a person cannot assault, harass, threaten, stalk, or intimidate you, or go within a certain distance of your home or workplace. Other orders can be included if necessary.

If you have a legal matter involving an Apprehended Violence Order, then please feel free to complete your legal enquiry form on the right, or click here.

There are two types of Apprehended Violence Orders:

(1) Apprehended Domestic Violence Order (ADVO)
An AVO made where the people involved are related, living together or in an intimate relationship, or have been in this situation earlier.

(2) Apprehended Personal Violence Order (APVO)
An AVO made where the people involved are not related and do not have a domestic or personal relationship, eg. they are neighbours.

Do you need legal help regarding an Apprehended Domestic Violence Order or an Apprehended Personal Violence Order? If so, please complete your free legal enquiry form on the right, or click here.

The Court can make an AVO if either:

A defendant consents to an AVO being made or evidence is heard and it is proved that the person in need of protection in fact fears violence or harassment or some other behaviour by the defendant that justifies an AVO being made. The Magistrate also has to be satisfied that there are reasonable grounds for those fears.

Protection orders (called Apprehended Violence Orders in New South Wales) are orders made under State or Territory laws that provide a quick and flexible method of obtaining legal protection from many forms of violence, for example:

- Physical abuse, e.g. using physical force

- Sexual abuse, e.g. forced sexual activity

- Psychological abuse, e.g. harassment, intimidation

- Stalking.

Do you have a legal matter involving an apprehended violence order (AVO)? If so, Please complete your free Legal Enquiry Form to request immediate legal assistance on your legal matter.

The Local Court, Magistrates Court and AVO's

The local courts can make an “Apprehended Violence Order” (called “AVO” for short).

Basically, an AVO acts as a restraining order, which orders the violent person to stay away from you, your home and/or your workplace. As a general rule, an AVO will stop the violent person from continuing to harass you.

As stated above, there are generally two types of Apprehended Violence Order:

(a) An Apprehended Domestic Violence Order

An Apprehended Domestic Violence Order is used when there is a domestic relationship between you and the other person for example, partner, family relative, or someone you are living with.

(b) An Apprehended Personal Violence Order

Apprehended Personal Violence Order is used when there is a not a domestic relationship between you and the other person, for example, your neighbour.

Some general information regarding Apprehended Domestic Violence Orders and Apprehended Personal Violence Orders:

Who can apply for a Apprehended Domestic Violence Order or an Apprehended Personal Violence Order?

As indicated above, you can apply for an Apprehended Violence Order against a person if you can show that you fear:

- Physical violence.

- Damage to your property

- Harassment, intimidation or offensive behaviour

- Being stalked.

If you would like to apply for an Apprehended Domestic Violence Order or an Apprehended Personal Violence Order and would like a lawyer to represent you, then please feel free to complete your legal enquiry form on the right, or click here.

In some cases the police must make the application, for example, for children under 16 years and in certain circumstances involving violence against women.

If you called the police for help, then the police can apply for an AVO for you. The police prosecutor would then go to court to ask the magistrate to give you an AVO. You will still need to go to court to tell the magistrate why you need protection.

How do I get a protection order from the Local Court?

You can apply for your own AVO yourself or the police can apply for you. If you apply yourself, the chamber magistrate at your local court can prepare the Summons for you for free. You must explain to the chamber magistrate that you are afraid of violence or harassment and tell him or her what has happened that makes you afraid. The Summons will order the violent person to come to court. If you need protection straight away, you can ask the chamber magistrate to help you get an interim AVO that will last until the case comes up for hearing.

If you would like to apply for an Apprehended Domestic Violence Order or an Apprehended Personal Violence Order and would like a lawyer to represent you, then please feel free to complete your legal enquiry form on the right, or click here.

On the day the violent person comes to court you need to come as well and tell the court why you want the order. You must tell the magistrate in court that you are afraid of the violent person and point to particular acts of violence and/or threats of violence that have happened that make you afraid this person will be violent to you in the future.

The order the magistrate makes will vary depending on your circumstances. It may say that the violent person must not:

·        hurt or harass you;

·        go to your home or workplace;

·        approach you or telephone you.

·        The magistrate can also order that the violent person:

·        leave your home

·        give up any firearms, guns or weapons he/she has.

Do you have a legal matter involving an apprehended violence order (AVO)? If so, Please complete your free Legal Enquiry Form to request immediate legal assistance on your legal matter.

Chamber Magistrates at local courts can help you make the application for an AVO.

If you would like to apply for an Apprehended Domestic Violence Order or an Apprehended Personal Violence Order and would like a lawyer to represent you, then please feel free to complete your legal enquiry form on the right, or click here.