What Is an AVO for Harassment?
An AVO for harassment is a court order created to protect an individual from intimidation or assault by a specific person.
Typical Apprehended Violence Orders or AVOs prohibit the defendant from assaulting, harassing, threatening, intimidating, stalking, or damaging the property of the person who sought the order.
If you have been charged with an AVO for harassment, you will want to get in touch with our AVO lawyers for the best legal advice.
What is Harassment?
Harassment is against the law when someone is mistreated because of their race, gender, pregnancy, marital status, breastfeeding, age, disability, sexual orientation, gender identity, or status as an intersex person.
AVO for harassment can be in the following situation:
- making jokes that are hurtful about certain races
- sending sexually explicit or suggestive emails or texts
- putting up posters or screen savers that are racist or sexually explicit
- insulting or taunting someone about their race
- asking someone inappropriate questions about their personal life, including their intimate life.
What Are the Common Types of Harassment?
- Bullying: It happens when someone or a group of people say or do things against an individual, repeatedly causing distress or putting their health at risk. Most of the time, these things are done by people with more power or influence over someone else or who want that person to feel weak or helpless.
- Racial Hatred: According to the Racial Hatred Act, racial hatred is when someone or a group of people are hurt, insulted, put down, or scared in public because of their race, colour, nationality, or ethnicity.
- Discrimination: When an individual or group is treated less favourably than another person or group because of their background or specific personality traits. We call this "direct discrimination."
- Emotional Abuse: Emotional abuse, also called psychological abuse, is a form of manipulative behaviour that can affect a person's mental health and emotional well-being.
- Sexual Harassment: Any unwanted or unwelcome sexual behaviour that would make a reasonable person think that the person being harassed might feel offended, embarrassed, or scared. It has nothing to do with liking each other or acting in a mutually agreeable way.
How Do I Apply for an AVO for Harassment?
Here's how to apply for an AVO for harassment:
- After an incident, if the police seem to be worried about your safety, they can ask for a temporary AVO on your behalf. The police will let you know what's going on with the AVO and when you must appear in court.
- Give and sign a statement. You must provide a complete report that includes the name of the defendant, the details of the harassment, and all other relevant information. You must sign this document.
- A judge will then decide on the application. The applicant must show that the PINOP is afraid of the defendant and have good reason to be fearful of the defendant.
The court may deny an application for an AVO if it feels the request has no realistic likelihood of success. If your AVO application is frivolous or intended to cause difficulty, the court may recommend that you attempt mediation.
Do I Need to Seek Legal Advice in Filing for AVO for Harassment?
If the police make an application for the AVO, then you probably will not need legal advice. If you are seeking a private AVO (without the police) it is advisable to seek legal assistance to know your rights and get a clear picture of what to expect from the whole process.
What Happens to the AVO for Harassment When It Reaches the Court?
If the defendant is issued the AVO for a harassment application but fails to appear in court without a valid excuse, the court may give the AVO in their absence.
The police may not be able to give the application to the defendant by the time you first go to court.
When this event happens, the court will postpone the case to provide the authorities more time to serve the application on the defendant.
You or the police can ask the court to protect you until the next court date by giving you an interim AVO.
If the defendant does show up in court, they have the right to agree to the AVO or refuse to agree and contest the AVO.
How to defend an AVO for Harassment
If you choose to defend an AVO, you will proceed to a court hearing where the Applicant will present their case to the Court and try to convince the judge to order an AVO.
You will need to put on evidence defending your position.
After the Court listens to the evidence, the Court will either:
- make a Final Apprehended Violence Order (AVO), or
- dismiss the AVO and make no orders.
If a Final AVO is made against you, you may apply to appeal the decision to the District Court. You have 28 days to do this.
Another option would be to try and apply to vary the conditions of the AVO.
An AVO is not a criminal record.
However, a breach of an AVO is a criminal offence.
Conclusion
An Apprehended Violence Order or AVO for harassment is a court order created to protect an individual from intimidation or assault by a specific person.
Typical AVOs prohibit the defendant from assaulting, harassing, threatening, intimidating, stalking, or damaging the property of the person who sought the order.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.