Apprehended Violence Orders (AVO) are a restriction on how you may interact with a person. Whilst having an AVO is not a criminal offence and is not recorded on your criminal record it is still a serious restraint and cannot be taken lightly. A breach of an AVO is a criminal offence and where that breach involves an act of violence a custodial sentence may be likely. Breaching an AVO carries a maximum imprisonment term of 2 years and a fine of $5,500.

It is important for you to be represented by a lawyer who understands the law applicable to AVOs and requirements for the Police to provide evidence. This is especially the case where the AVO involves people within a domestic relationship or their extended family and may impact upon potential Family Court parenting and property issues. Our Criminal Lawyers can advise you on each step, from Provisional AVO Orders to Interim AVO Orders to Final AVO Orders and have a sound knowledge of Family Law to advise you on any related aspects.

Our team of Criminal Lawyers are extensively experienced in all AVO matters, including advising the Person in Need of Protection (PINOP) and representing defendants. Call one of our experienced Criminal Law solicitors for free initial advice on your circumstances on (02) 9525 8688.

The Law

The relevant laws regarding Apprehended Personal Violence Orders (APVOs) are contained in Section 19 and Section 20 of the Crimes (Domestic & Personal Violence) Act 2007.

19 Court may make apprehended personal violence order

(1) A court may, on application, make an apprehended personal violence order if it is satisfied on the balance of probabilities that a person has reasonable grounds to fear and in fact fears:

(a) the commission by the other person of a personal violence offence against the person, or

(b) the engagement of the other person in conduct in which the other person:

(i) intimidates the person, or
(ii) stalks the person,
(iii) being conduct that, in the opinion of the court, is sufficient to warrant the making of the order.

(2) Despite subsection (1), it is not necessary for the court to be satisfied that the person for whose protection the order would be made in fact fears that such an offence will be committed, or that such conduct will be engaged in, if:

(a) the person is a child, or
(b) the person is, in the opinion of the court, suffering from an appreciably below average general intelligence function.

(3) For the purposes of this section, conduct may amount to intimidation of a person even though:

(a) it does not involve actual or threatened violence to the person, or
(b) it consists only of actual or threatened damage to property belonging to, in the possession of or used by the person.

“20 Matters to be considered by court

(1) In deciding whether or not to make an apprehended personal violence order, the court must consider the safety and protection of the person seeking the order and any child directly or indirectly affected by the conduct of the defendant alleged in the application for the order.

(2) Without limiting subsection (1), in deciding whether or not to make an apprehended personal violence order, the court is to consider:

(a) in the case of an order that would prohibit or restrict access to the defendant's residence-the effects and consequences on the safety and protection of the protected person and any children living or ordinarily living at the residence if an order prohibiting or restricting access to the residence is not made, and
(b) any hardship that may be caused by making or not making the order, particularly to the protected person and any children, and
(c) the accommodation needs of all relevant parties, in particular the protected person and any children, and
(d) any other relevant matter.

(3) When making an apprehended personal violence order, the court is to ensure that the order imposes only those prohibitions and restrictions on the defendant that, in the opinion of the court, are necessary for the safety and protection of the protected person, and any child directly or indirectly affected by the conduct of the defendant alleged in the application for the order, and the protected person's property.

(4) If an application is made for an apprehended personal violence order that prohibits or restricts access by the defendant to any premises or place and the court hearing proceedings in respect of the application decides to make an order without the prohibition or restriction sought, the court is to give reasons for that decision.”

For further information call one of our experienced Criminal Law solicitors for some free telephone advice on (02) 9525 8688.