AVOTypes of AVOs
There are two types of AVO’s:
- Apprehended Domestic Violence Orders (ADVO). These apply where there is or has been a domestic relationship between the parties involved; and
- Apprehended Personal Violence Orders (APVO). These apply where there is no domestic relationship between the parties.
Applying for an AVO
AVOs can be applied for by police or by individuals (the Applicant) and are served upon a Respondent. However, only Police can apply for an AVO for a child.
AVOs are granted to protect ‘persons in need of protection’. If you have fears for your safety or wellbeing and feel you are in need of protection from the behaviour of another person, the Criminal Law Specialists at Spencer Lawyers can help you through the process of attaining an AVO.
In doing so, the Applicant must prove to the Court that:
- there are genuine fears that the Respondent will assault, molest, harass, threaten, stalk or otherwise interfere with him/her; and
- that there are reasonable grounds for these fears.
Facing a Court room and the Respondent can be intimidating and cause great distress to an Applicant already fearing for their safety. The Criminal Law Specialists at Spencer Lawyers will act on your behalf to relieve you of this anxiety throughout the application process.
Defending an AVO
While AVOs are designed to protect persons in need, false or misleading applications can be made which require defending. If you are the Respondent to such a claim, The Criminal Law Specialists at Spencer Lawyers will assist you in defending the AVO application against you.
In doing so, we need to show the Court that:
- the Applicant does not have genuine fears that you will assault, molest, harass, threaten, stalk or otherwise interfere with them; and
- that reasonable grounds for such fears does not exist.
Where possible we will attempt to have the AVO withdrawn, and as an alternative, negotiate written undertakings to the court which essentially promise that neither party will engage in the accused/feared behaviour.
Limited AVOs can be agreed ‘without admissions’. For more details, contact the Criminal Law Specialists at Spencer Lawyers.
The law is clear that using physical violence in breaching an AVO will result in a gaol term unless there are good reasons to the contrary. Charges of contravening an AVO are therefore treated very seriously by the Courts.
If you have been charged with contravening an AVO, you can rely on the Criminal Lawyers at Spencer Lawyers, with their extensive experience in AVO law, to represent you and put forward the best possible defence in court.
Legislation and penalties are subject to change.