What is an Apprehended Violence Order or Apprehended Domestic Violence Order?
In New South Wales (NSW), an “AVO” (Apprehended Violence Order) is a broader term encompassing two types: an “ADVO” (Apprehended Domestic Violence Order) for domestic relationships and an “APVO” (Apprehended Personal Violence Order) for situations where there is no domestic relationship.
Here’s a more detailed breakdown:
- Apprehended Violence Order (AVO): A court order designed to protect a person from violence, threats, intimidation, or stalking.
- Apprehended Domestic Violence Order (ADVO): Specifically protects individuals in domestic or intimate relationships from violence, intimidation, or harassment.
- Apprehended Personal Violence Order (APVO): Protects individuals in situations where there is no domestic relationship, such as with neighbors, co-workers, or acquaintances.
- Key Differences:
- Relationship: ADVOs are for domestic relationships, while APVOs are for situations where there is no domestic relationship.
- Protection: Both types of AVOs aim to protect individuals from violence, threats, etc., but the scope of protection may differ based on the nature of the relationship.
- Breaching an AVO: Breaching an AVO, whether an ADVO or an APVO, is a criminal offense.
- Consequences: Breaching an AVO can lead to criminal charges and penalties, and the existence of an AVO can have broader consequences, such as restrictions on firearms ownership.
- Seeking an AVO: Applications for AVOs can be made by the police or by the protected person themselves.
- Varying or Revoking an AVO: The Local Court can vary or revoke an ADVO made in another state or territory, and a registered APVO.
To defend an AVO application in Sydney (or elsewhere in NSW), you should seek legal advice, gather evidence, attend court, and potentially negotiate a resolution, or if you choose to defend the AVO, prepare written statements and evidence to present your case.
Here’s a more detailed breakdown of the process:
1. Initial Steps & Seeking Legal Advice:
- Receive the Application: You will be served with an application for an Apprehended Violence Order (AVO).
- Consult a Lawyer: Seek legal advice from an experienced criminal lawyer specializing in AVOs as soon as possible.
- Understand Your Rights and Obligations: Your lawyer can inform you of your rights and obligations, and help you understand the process.
- Gather Evidence: If you believe the AVO is without merit, start gathering evidence to support your position, such as witness statements, photographs, and other documentation.
2. Court Process
- Mention (First Court Date): After the AVO application is filed, your case will be listed for a “mention,” which is the first date the application is heard in court.
- Respond to the Application: At the mention, the court will want to know how you wish to respond to the application.
- Options for Responding:
- Ask for an Adjournment: Request more time to get legal advice or prepare your case.
- Consent to the AVO: You can agree to the AVO being made, with or without admitting to the allegations.
- Give an Undertaking: Promise the court to stop certain behavior.
- Oppose the Application: Defend the making of the AVO in a hearing.
- Further Mention and Hearing: If you choose to defend the AVO, the court will make directions for statements to be filed and served, and the case will be listed for a further mention before a hearing.
- Present Your Case: At the hearing, you will have the opportunity to present your evidence and cross-examine any witnesses who have provided evidence against you.
3. Potential Outcomes
- AVO Made: The court may make a final AVO, either based on your agreement or after hearing evidence.
- AVO Dismissed: The court may dismiss the AVO application if the applicant fails to prove their case.
- Mediation: If the application is for an Apprehended Personal Violence Order (APVO), the case may be referred to a Community Justice Centre for mediation.
- Undertaking: You may agree to an undertaking to stop certain behavior, and no AVO will be made.
4. Key Considerations
- Seek Legal Advice: It’s crucial to seek legal advice from a qualified lawyer specializing in AVOs.
- Prepare Your Case: If you choose to defend the AVO, your lawyer will help you to carefully prepare your written statements and gather any relevant evidence. It is the applicant who must prove to the Court that there are circumstances for it to make an AVO, therefore when preparing your written statements and other evidence, it is important to keep in mind what the applicant must prove for the Court to make an AVO.
- Attend Court: You must attend all court dates, even if you are represented by a lawyer.
- Negotiate a Resolution: If possible, attempt to negotiate a resolution with the applicant.
- Appeal: You can appeal the AVO granted, but this is a complex process that requires legal knowledge and should only be attempted with the assistance of a legal professional.
If you need help with defending against and AVO or ADVO, please contact Jano Family Law.