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An Apprehended Violence Order (AVO) is an order made by the Court that prohibits the defendant from certain behaviour, such as harassment, stalking, intimidation, violence or the threat of violence. The purpose of an AVO is to provide protection from this behaviour in the future – it usually states that the person against whom you wish to seek an order cannot behave as such or go within a certain distance of your home or workplace.
The Court can make an AVO if a defendant consents to an AVO being made or if evidence is heard proving fear violence or harassment by the defendant. The magistrate also has to be satisfied that you have reasonable grounds for these fears in order to make an AVO.
There are two types of Apprehended Violence Orders:
- Apprehended Domestic Violence Order (ADVO) - taken against a family member including spouses, ex-spouses and intimate partners (including de facto relationships); and
- Apprehended Personal Violence Order (APVO) - for protection from someone other than family members.
If you need to make an Apprehended Violence Order or if somebody has made an AVO against you, it is recommended that you seek legal advice from an experienced solicitor immediately.
What happens if someone tries to make an AVO against you?
You can object to an Apprehended Violence Order being made against you and have the matter adjourned for trial at a later date. Under these circumstances, an interim AVO will be issued until the trial date. Our Criminal Law division is headed by Bruce Ryrie, who has had over 32 years’ experience in dealing with criminal matters.
Should you require our assistance, please contact us.
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