What is an AVO?
You may have heard of an AVO, but what is an AVO?
An AVO is an Apprehended Violence Order which is a court order in Australia to protect a person or group of people from violence, harassment, intimidation, or other forms of threatening behaviour.
An AVO is usually requested by someone who thinks they are at risk of violence or abuse from another person.
The order can stop the person who is the subject of the order from coming near or contacting the protected person(s) or behaving negatively towards them.
Key Takeaways:
- An Apprehended Violence Order (AVO) is a legal document issued by a court in Australia to protect a person or group of people from violence, harassment, intimidation, or other forms of threatening behaviour.
- What is an AVO - there are two types: Apprehended Domestic Violence Order (ADVO) and Apprehended Personal Violence Order (APVO). You may want to know what the difference is between an avo and advo.
- Typically, what is an AVO in terms of duration ranges between six months and two years, but it varies based on the case's specifics and the order's provisions.
- A person can defend themselves against an AVO and offer evidence to the court to disprove the allegations against them.
- An Apprehended Violence Order (AVO) application may be withdrawn by the individual who filed it before or during the court hearing.
What Are the Types of an AVO?
According to Crimes (Domestic and Personal Violence Act) 2007, here's what is an AVO according to its types:
- Apprehended Domestic Violence Order (ADVO): Given when the protected person and the subject of the order have a domestic or family relationship, such as spouses, partners, or persons who live together.
- Apprehended Personal Violence Order (APVO): Issued when the protected person and the subject of the order do not have a domestic or familial relationship, but there are worries of violence or other threatening behaviour.
What is an AVO for a Defendant?
What is an AVO in the defendant's perspective lies in the gravity of their offences.
It is a potentially life-changing court order that restricts their behaviour and some aspects of their lives like employment, travel, and even future parenting plans.
The AVO can affect their personal and professional connections and restrict their freedom to travel to or engage in particular activities.
They may be forced to comply with various conditions, including refraining from contacting the protected person, avoiding their residence or place of employment, and refraining from threatening or intimidating them.
If the subject of the AVO violates any of these terms, they may face criminal prosecution, penalties, or worse, imprisonment.
Can a Defendant Challenge the AVO Filed Against Them?
It is important to know that a person can defend themselves against an AVO and offer evidence to the court to disprove the allegations against them. Also, they might seek legal representation to learn about their rights and options.
How Long Does an AVO Last?
Typically, what is an AVO in terms of duration ranges between six months and two years, but it varies based on the case's specifics and the order's provisions.
Generally, an AVO can be issued for as long as the court deems it necessary to safeguard the safety and well-being of the protected person.
This can range from a few months to several years and can be permanent in certain situations.
What is an AVO in terms of duration will be set in the court order, and the defendant must comply with its terms.
The protected person(s) may also petition the court to modify or prolong the AVO if they consider a risk of violence or abuse still exists.
Can an AVO Application be Withdrawn?
Yes, an Apprehended Violence Order (AVO) application may be withdrawn by the applicant who filed it before or during the court hearing.
If the applicant no longer believes they are at risk of violence or abuse or have settled their differences with the AVO subject, they may withdraw their application.
It is important to remember that even if the AVO application is withdrawn, the defendant may still be required to appear in court and respond to the allegations brought against them.
If the court has previously issued a temporary or permanent order, it will remain in effect until the court decides to revoke it.
Also, note that drawing back an AVO application doesn't stop the police from acting if they think a crime has been committed, like assault or stalking. The police could still look into the situation and charge the person who was the subject of the AVO if they have evidence to back up the claims.
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.
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