What Does An AVO Mean? A Closer Look
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.
Are you feeling stuck and don't know what to do?
Experiencing abuse can leave you frightened. But knowing what does an AVO mean can help you feel at ease.
Apprehended Violence Orders (AVOs) In A Nutshell
What does an AVO mean? AVOs are court orders to protect people from harm, threats, intimidation, and harassment.
In NSW, the Crimes (Domestic and Personal Violence) Act says when and how AVOs can be made, what does an AVO mean, what it means to break an AVO, and what each party's rights and responsibilities are under an AVO.
AVOs Come in Two Types
The first one is the Apprehended Domestic Violence Orders (ADVOs) which can be applied if your abuser is related to you. It means you have a relationship with them. Whether they are your family members or you have an intimate relationship with them, this order can strengthen your protection.
The second one is the Apprehended Personal Violence Orders (APVOs). It is the opposite of the first one. It is applied when the perpetrator is not related to you. They could be your officemate, friend, or even someone you don't know.
Why Would Someone Get An AVO?
Being a victim of abuse is enough reason to get an AVO. It will protect you from further harm, allowing you to live normally.
An AVO is a court order that can stop abusers.
Abusive behaviour, like physical, emotional, or sexual abuse, is against the law. If you tell police about someone violent toward you, they can be charged with an offence.
Also, Apprehended Violence Orders are court orders that tell the defendant what they can and can't do.
If you get an AVO, the person you live with could be forced to leave the house if you want them to, depending on the situation.
If they choose to stay, they will have to change how they treat you, or they will be charged with breaking the AVO, which is a crime.
What Happens to the PINOP After the AVO Application?
Applying for an AVO against another person can affect three aspects of your life. These are:
- Your immigration status (if you're not an Australian citizen)
- Your rented place
- Leave of absence from work
On matters about your immigration status
If you are not an Australian citizen or permanent resident, you may need to update your visa to indicate that you no longer reside with the defendant.
On matters about your rented place
Staying on the Rented Property
A court-issued exclusion order prohibits the defendant from residing or visiting your rental property. If the defendant has been issued an exclusion order, it will be listed under the heading "Orders about where you cannot go." The exclusion order must include your address information.
You may promptly change the locks on the property if a Provisional, Interim, or Final Apprehended Domestic Violence Order (ADVO) is issued against the defendant and includes an exclusion order. You do not need your landlord's permission to provide the defendant with a copy of the new keys.
Suppose a Final ADVO with an exclusion order is issued against the defendant. In that case, the defendant's identity will be permanently withdrawn from the lease and reverted into your name.
If the lease was only in the defendant's name, you might petition the NSW Civil and Administrative Tribunal (NCAT) for the change of the lease to your name.
Leaving the Rented Property
If you wish to vacate your rental property, you may deliver a Domestic Violence Termination Notice to your landlord and co-tenants. \
This will help you prevent complex legal issues from terminating the contract.
The notice of termination must include the following:
- a termination date, which can be the same day as the notification or an alternative date,
- as well as evidence demonstrating that you are experiencing domestic violence.
Include the following as supporting evidence:
- a certificate indicating the final conviction against the defendant
- an existing Provisional, Interim, or Final AVO defending you from the defendant; and
- a current family law order protects you from domestic violence.
- a statement from a qualified individual stating that you are a victim of domestic abuse.
ADVOs and entitlements on leave of absence for work
If an ADVO has been issued for your protection, you may need to take a break or adjust your working conditions. Every employee, including those that hold temporary contracts, is eligible for family and domestic violence leave.
If you work for a small company (fewer than 15 employees), you are entitled to five days of unpaid family and domestic violence leave per year. This leave can be taken as a single block of five days, as discrete days, or as periods of less than a day.
Small business employees will be eligible for 10 days of paid family and domestic violence leave per year beginning on 1 August 2023. Until then, employees of small businesses may continue to take unpaid leave for family and domestic violence reasons.
If you work for a company with 15 or more employees, you are entitled to 10 days of paid family and domestic violence leave per year. This leave can be taken as a single block of five days, as discrete days, or as periods of less than a day.
Paid family and domestic violence leave must be reflected on a pay stub as regular pay for regular hours worked or as any other form of reimbursement for work performed, such as an honorarium, bonus, or overtime. Additionally, you can request that the leave be recorded as a different form of leave.
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.