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Apprehended Violence Orders and Apprehended (Domestic) Violence Orders

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Apprehended Violence Orders (AVOs) are Court Orders made under Part 15A of the Crimes Act 1900. An AVO provides protection against physical assault, non-physical abuse such as harassment or intimidation, damage or threatened damage to property.

When an AVO arises where a domestic relationship exists this is referred to an Apprehended (Domestic) Violence Order. A domestic relationship includes the following:
  • a current or former spouse,
  • a current or former de facto partner (including a partner of a same sex relationship),
  • a person who lives or formerly lived in the same house (excluding a tenant or boarder),
  • a person who is or was in an intimate personal relationship with the Offender.
AVOs can also protect people living with the person in need of protection, such as children, parents or a partner.
In some circumstances an AVO can be urgently made by a Magistrate in Court or by telephone. Often this is done where a domestic violence offence or a child abuse offence is either about to be or is likely to be committed or has recently been committed.
 
All AVOs include mandatory orders which prevent the Defendant from harassing, molesting, stalking or intimidating or causing any personal injury to the protected person. Additional terms may also be sought such as restricting the Defendant from approaching the protected person, or from having access to their residence or place of work.
 
When faced with an application for an AVO a Defendant can consent to the AVO, can consent to an AVO without admission of the facts relied on to support the application, or can defend the application. There are significant consequences of consenting to an AVO including restrictions upon obtaining a firearms licence or a security licence. There may also be significant consequences in terms of family law parenting and even property matters and it is imperative that legal advice is taken before giving consent to an AVO.
 
Whilst AVOs are registered on police computers, to have an AVO order made against you does not constitute having a criminal record. However a breach of an AVO is a criminal offence and may result in the Defendant being arrested and placed in custody. There may be significant difficulties in obtaining bail for such an offence and being convicted of such an offence of knowingly breaching an Order will result in a term of imprisonment if the breach involved an Act of violence, unless the Magistrate finds reasons why prison should be excluded.
 
Once in place an AVO can be varied or revoked on application to the Court. Again legal advice should be taken before such an application is made.
Where a Family Court Parenting Order and an AVO are inconsistent the Family Court Order will prevail to the extent of any inconsistency. AVOs can be made in contemplation of Family Court Orders to permit counseling, mediation or effecting the transfer of children between parents.
 
Call one of our Family Lawyers for free initial telephone advice on your circumstances on 95258688.

Key People

sutherland shire lawyer greg dicksonGreg Dickson 

primary area of practice is litigation. In 1993, he became one of the first solicitors in New South Wales to achieve Accreditation as a Specialist in Family Law and Property Relationships Act Law. Greg is the head of our Family Law Division but also practices extensively in commercial and general litigation ...read more

sutherland shire lawyer kevin dwyerKevin Dwyer 

can advise you upon and conduct all Family Law and De Facto Relationship matters in the Family Courts at Sydney, Wollongong and Parramatta. Kevin can also assist you in Criminal Law and appear in Local Courts all over New South Wales in AVO and criminal proceedings as well as ...read more

Amanda DoringAmanda Doring 

is a Family Law Accredited Specialist with extensive experience drafting binding financial agreements and conducting urgent applications in the Family Court and Federal Magistrate’s Court as well as De Facto proceedings in the Supreme, District and Local Courts ...read more

Lisa O'Leary 

operates predominantly in the area of Family Law and De Facto Relationship dispute resolution in the Family Court, the Federal Magistrates Court, the Local and Supreme Court or by alternative dispute resolution procedures ...read more 

Nicola Morgan 

Nicola joined Warren McKeon Dickson in January 2009 as the recipient of the Warren McKeon Dickson Work Integrated Learning Scholarship offered in conjunction with the University of Wollongong.  ...read more 

 

 

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