How Does An AVO Work? Understanding Apprehended Violence Orders
An Apprehended Violence Order (AVO) protects someone or a group of people against violence, harassment, intimidation, or other types of threatening behavior.
If you're wondering how does an AVO work, people who believe they are in danger of violence or abuse from another person usually request an AVO.
The order can prevent the subject of the order from coming near or contacting the protected person(s) or from acting negatively toward them.
These orders can significantly impact the lives of those involved, so it is important to understand how they work.
What Is an AVO and How Does An AVO Work
An Apprehended Violence Order (AVO) is a court order issued to protect domestic or personal violence victims from future violence by their abuser.
Defendant's conduct is restrained by this order, whereby conditions are imposed that restrict their behavior, for example, preventing them from approaching the protected person.
Usually, AVOs are issued by the court, but in some cases, protection orders can be issued by the police.
AVOs can be applied for by the police or by a private individual with the assistance of a lawyer.
If the person named in the order breaches the AVO, they can be arrested and charged with a criminal offense.
Breaching an AVO can result in criminal punishment, even though it is not a criminal charge or conviction. The purpose of an AVO is to protect the person named in the order from further harm or threat.
How does an AVO work during the application process? The following people are involved:
- The applicant: the person who requests an AVO from the Court. The Local Court would grant AVOs if the protected person filing the application. A police officer who makes the application will be the applicant. An applicant may also be referred to as a complainant.
- Protected person: the person whom the applicant claims needs your protection. The applicant who makes an application to protect themselves from you is both the protected person and the applicant. In some cases, they are referred to as PINOPs (Persons in Need of Protection).
- Defendant: the person against whom a protected person claims to need protection. The defendant is the person who has been served with an application for an AVO.
How Does An AVO Work In Terms of Process?
How does an AVO work in obtaining one can be complex, and it is crucial to understand the steps involved. The following is a general overview of the process:
Application: The first step in obtaining an AVO is to apply to the court. This can be done by the police or by a private individual with the assistance of a lawyer.
Hearing: How does an AVO work during the hearing? If the application is accepted, a hearing will be scheduled. The hearing provides an opportunity for both parties to present their case and for the court to make a decision.
Decision: After the hearing, the court will make a decision on the AVO. If the AVO is granted, the person named in the order will be notified and must comply with the conditions outlined in the AVO.
Enforcement: If the person named in the AVO breaches the conditions, they can be arrested and charged with a criminal offence. The police will enforce the AVO and ensure that the conditions are followed.
A victim who witnesses violent behaviour should call the police as soon as possible and report it.
In addition to providing advice, they may be able to make the application for an AVO on your behalf.
How does an AVO work if you need immediate protection from a defendant? You can apply for an urgent or interim AVO if you fear immediate harm until your application is heard.
You may also get an order through a magistrates' court or a local court or get a lawyer to do it for you. In most cases, you can include your children in the order. If this is inevitable, you should seek legal advice.
After you apply for an AVO, you'll be given a court date.
To get legal advice, the person against whom the application is filed (the violent person) can either agree to the order, oppose it, or request another court date.
What are the Conditions of an AVO?
It is important to know what the conditions of an AVO are and what you cannot do when you have been served with an AVO.
Conditions associated with AVO can be divided into two types:
- A mandatory order is also called a standard order or an order regarding behaviour.
- A list of additional orders the applicant may request
How To Respond To An AVO?
A defendant named in an Apprehended Violence Order (AVO) application should consider how they will respond. Depending on your response, you will determine what to do next.
Responding To An Apprehended Violence Order Application
Responding to an AVO application can be done in several ways:
- To get legal advice, request an adjournment
- Request that the case be transferred to another court
- You consent (agree) to the AVO without making any admissions (without agreeing to facts).
- Accept the AVO with admissions (agreeing to the facts)
- Provide the Court with an undertaking (formal promise)
- Create a cross-application
- Object to the application
- Don't do anything.
Consider these factors before responding to an AVO application:
- Whether the applicant can prove the need for an AVO
- Protected persons. An application for Apprehended Domestic Violence Orders will often automatically include the child of the protected person as a protected person. You may lose contact with your children as a result. In the event that your child has been listed as a protected person, you should seek legal advice.
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.