What is an Apprehended Violence Order (AVO)?
An Apprehended Violence Order (AVO) is an Order made by a court against a person who makes another person fear for their safety. An AVO is to protect that person from further violence, intimidation or harassment. If the AVO is sought in a domestic relationship, an Apprehended Domestic Violence Order (ADVO) may be granted.
An AVO is a protective device, and not a charge in itself. Sometimes, the circumstances resulting in an AVO also result in additional criminal charges.
What do I do when I receive a provisional AVO from the Police?
The Police will provide a set of documents, including the conditions of the provisional AVO.
Make sure you understand what the AVO is requiring you to not do.
You can oppose an AVO, or consent.
Opposing will result in a future court date, perhaps an additional court mention, and an order to file and serve any evidence on which you intend to rely.
You can also consent without admissions. This means that you are not accepting what the police say, but you are agreeing to not assault threaten stalk harass or intimidate the protected person. In fact, when people consent without emissions, often the judge does not even read what the police have written.
Breach of AVO:
- Once AVO served on the defendant the order becomes enforceable.
- Despite an AVO not being a criminal charge or conviction, breaching an AVO is a criminal offence. There also can be far reaching ramifications when an AVO is in place.
- S14 provides maximum penalty of breach AVO: imprisonment for 2 years or 50 penalty units, or both.
- Even when the AVO is still provisional, breaching an AVO is very serious.
- If you breach and AVO, then you will find yourself with at least two criminal charges, one for breaking the aveo, and the other for whatever the breach was
- If you breach an AVO, the presumption is in favour of gaol. This means that your lawyer will have to attempt to persuade the court why you should not go to gaol.
- Make sure that you understand what the conditions of the AVO are
