Apprehended Violence Orders
An Apprehended Violence Order or AVO can be issued by a court to instruct someone to stop or modify behaviour that can cause harm or fear of harm to others.
ADVO or APVO
An ADVO relates to protection of a person that is a domestic relationship, whereas an APVO relates to protection of any other person. Often police are involved in ADVO, whereas an APVO involves personal claims, although this is not always the case.
Applying for an AVO
An AVO can be sought by the police on behalf of a victim. This can be but not always before other charges are laid over a previous incident. AVOs can also be applied for by the PINOP, Person in Need of Protection or applicant.
AVOs are considered civil court orders as such in applying a court must find on the balance of probabilities that the PINOP:
- That the Defendant will commit a personal violence offence upon them; or
- That the Defendant will undertake conduct which intimidates or involves stalking that person or a person with whom he or she has a domestic relationship; and…
- Such conduct in the opinion of the Court is sufficient to warrant the making of the order.
Will an AVO appear on criminal history?
As explained above an AVO is a civil court order and therefore not a criminal matter, however, breaching an AVO is a criminal offence and there are significant penalties. Being the subject of an AVO can also have significant consequences, as well as complying with the conditions of the order anyone with an order or an interim AVO will automatically have their firearms license suspended and must surrender their weapons to police.
If you or someone you know needs legal representation in defending or applying for an AVO or other criminal law matter contact HCN law today.
