AVO: Apprehended Violence Order
An Apprehended Violence Order (AVO) is a court order issued to protect victims of domestic or personal violence, who are fearful of future acts of violence or intimidation by a particular abuser. This order restrains the conduct of the defendant, by imposing conditions that restrict their behaviour, such as a condition preventing them from approaching the protected person. A court will usually issue an AVO, but in some instances, the police may implement a protection order. An AVO is not a criminal charge or conviction, but breaching one can result in criminal punishments.
AVO is the term used in New South Wales, but similar protection orders can be obtained in other Australian jurisdictions: these orders are known as Intervention Orders in South Australia and Victoria; Domestic Violence Protection Orders in Queensland; Restraining Orders in Western Australia; Family Violence Orders in Tasmania; and, Domestic Violence Orders in the Northern Territory and the ACT. Fortunately, a protection order issued in any state or territory of Australia is enforceable in the other jurisdictions, so victims can move between states and receive continual protection.
While the titles of protection orders differ, the processes are similar across jurisdictions. Broadly speaking, the courts issue an AVO if there is evidence that an applicant has reasonable grounds to fear violence, intimidation or stalking. In some jurisdictions, an AVO will only be issued if there is evidence of a prior act of violence against the applicant.
What protection does it offer?
Protection orders cannot physically stop a defendant from perpetrating domestic or personal violence. Every year a significant number of people with current protection orders are attacked or killed despite the existence of an AVO.
Protection orders do, however, offer important benefits to individuals who are fearful for their safety or the safety of their children. Importantly, an AVO can be obtained with relative ease and swiftness, providing an immediate deterrent. An AVO can also be tailored to the particular needs of the victim: for instance, a defendant can be prohibited from intentionally or recklessly destroying or damaging property, hurting pets, or approaching someone after they have consumed alcohol or drugs. These tailored orders are ideal when a total severing of contact is impractical or unreasonable, such as when a couple shares parenting responsibility. An AVO can allow two people to continue to co-parent, with the conduct of a problematic individual moderated by court-enforceable constraints. AVOs are also inherently flexible so that if circumstances change, a victim can apply for a “variation” that changes or cancels the order. Unless the victim cancels the order, the AVO will usually end on an expiration date. The expiration date is set by the court to encompass the period that it is likely that the victim will continue to need protection, and in some jurisdiction, there is an assumed minimum period of an AVO, ranging from one to five years.
Can an AVO be contested?
When a person is a defendant in an AVO application, they can consent to the order on a without admission basis, meaning that they make no admissions relating to the allegations. The defendant in an AVO application can also try to negotiate the conditions set down in an AVO. For instance, if the terms of the AVO make it difficult for the subject of the order to travel to work, it may be possible to negotiate the conditions in a way that still protects the victim.
It is also possible for a defendant to oppose the Application and the order. Consenting to an AVO is often the least difficult path, but can result in serious repercussions for the defendant, not least in terms of reputational damage. A person with an AVO issued against them may not be able to obtain or retain a firearms licence, a security licence, or pass a working with children check. Given the potential impact of these restrictions on an individual’s livelihood, it is appropriate that the subject have an opportunity to contest the protection order.
Successfully contesting an AVO requires the defendant to establish that the AVO is not required. The test used by the courts differs across jurisdictions, but generally speaking, an AVO is only issued if the court is satisfied that the applicant has a genuine fear that they could be the victim of future violence, intimidation or stalking. Therefore, the defendant in a protection order can seek to establish that there is no reasonable basis to fear future acts of violence. This can be established even if there have been previous instances of violence or intimidation, especially if these acts are some time in the past.
How Do You Apply for an AVO?
The first step in obtaining an AVO is usually to contact the police and report the violent behaviour, intimidation or stalking. The police may well make the application for an AVO or similar protection order on behalf of the victim.
Victims who are worried about their immediate safety can apply for an interim AVO, which will offer protection until the courts hear the AVO application. Children will usually be included on the protection order of a parent.
For more information on applying for or contesting an AVO, or for advice on any other legal matter, please call Armstrong Legal on 1300 038 223 or send us an email to make an appointment.
Frequently Asked Questions: Apprehended Violence Order
Yes, and they usually are in the first instance.
Police initiated applications for an Apprehended Violence Order are usually in force immediately (even before the first Court date) as a Provisional Order.
They will usually continue as an Interim Order until such time that the matter is actually determined by the Court.
Whilst personal applications for an Apprehended Violence Order do not have Provisional Orders, a Court can still impose an interim order in these matters before it is finally determined if they consider it appropriate.
At a final hearing in relation to an Apprehended Violence Order (AVO), the Court will determine whether a Final Order will be made. This will take into account the evidence it has heard in the hearing, so it will consider that evidence, but they don’t need your “consent” or “agreement” to make a final order. It is ultimately a matter for the Court to determine.
It is also important to know that if there is a Police AVO associated with criminal charges, and you plead or are found guilty of an offence, generally the court MUST make a final AVO order.
Several options exist for how to respond to an AVO application, but these depend on whether it is a police initiated application, a private one, or whether it is associated with criminal charges. You might be able to:
- Consent without admissions;
- Attempt to negotiate the conditions with a view to agreeing to amended conditions;
- Contest the AVO and proceed to hearing; or
- Try to agree to mutual undertakings or participate in a mediation if the matter is a private application.
If you want to defend against an AVO in NSW, legal advice is important before deciding on your approach. It’s particularly important to get advice when dealing with a private application because of the risk of a costs order against you.
When you are uncertain about consenting to an Apprehended Violence Order, a criminal lawyer’s guidance can explain your options and the possible consequences of each approach. Agreeing to an order can still have practical consequences, even where no admissions are made.
A lawyer can explain your options, the associated risks and the subsequent steps for AVO defence, ensuring you are aware of potential consequences and procedural nuances.
Yes, an Apprehended Violence Order can impact social media interactions.
In NSW, the only mandatory condition on an AVO is condition 1, which is as follows:
- The defendant must not do any of the following to the protected person or anyone the protected person has a domestic relationship with:
- assault or threaten them,
- stalk, harass or intimidate them, or
- intentionally or recklessly destroy or damage any property or harm an animal that belongs to or is in the possession of them.
There are other non-standard conditions that can be added to an AVO. A common one is condition 2, which states: “You must not approach the protected person or contact them in any way, unless the contact is through a lawyer.”
No contact literally means no contact. No texting, no social media messaging, no commenting or liking their posts.
This means interactions like text messages, calls, emails, social media messages, comments, tags, reactions and shared posts can fall under possible conditions. If you are unsure what conditions are on your AVO or what they mean, it is best to consult a lawyer for advice to avoid breaching an AVO and ending up with criminal charges.
An Apprehended Violence Order can also restrict access to public places. Depending on the conditions specified, you might be prohibited from attending certain addresses or going within a certain distance of them. This court includes a workplace, school, childcare centre, sporting location or religious site associated with the protected person.
It is important to adhere to these conditions until any modification via the appropriate legal process occurs. Ignoring these stipulations can lead to serious legal repercussions, including being charged with contravening an AVO, which is a serious criminal offence.
If you are not sure about the conditions you are subject to or what they mean, consulting a criminal defence lawyer ensures you are complying with your obligations under the order.
Living arrangements can also be affected by such a restraining order. If you shared a house with the protected person, the order might forbid you from returning home. Even if your belongings are there or your name is on the lease, these conditions take precedence.
This poses a challenge in resolving accommodation issues, collecting personal property and managing joint responsibilities like maintaining the home or tending to children. A criminal defence lawyer will be able to assist you with a property recovery order if you need to be able to collect personal items from a residence that you are now prohibited from attending.
Speaking with criminal defence lawyers can help you understand all the conditions of an Apprehended Violence Order and what they mean in practice. Whilst the Courts and police try to use plain language in explaining AVOs, situations can arise that can be complex.
Given how severely the Court treats breaches of an AVO, and the fact that ignorance of the conditions (or misunderstanding them) is generally not an excuse, it is important to get advice if you are unclear, as getting it wrong can lead to severe consequences if you commit an AVO breach.
Legal guidance from criminal solicitors can help you navigate these complexities, ensuring you are aware of all potential implications.
Where there is uncertainty about what the conditions permit, a violence order lawyer can advise on whether seeking a modification to the order may be appropriate. Similar to navigating the implications of a breach of bail, understanding the Apprehended Violence Order’s reach helps you make more secure choices that prevent complications.
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