Apprehended Violence Orders and Family Violence

In NSW, an Apprehended Violence Order (AVO) is an order that a Court can make against a person who makes another fear for their safety. Its purpose is protection from further violence, intimidation or harassment.  There are actually two types of Order. An Apprehended Personal Violence Order (APVO) is used where those involved are not related to each other and not having a domestic relationship. An Apprehended Domestic Violence Order (ADVO) is used where those persons involved are in a domestic relationship. This means, for example, people who are related, living together, or in a current or former relationship.

AVOs are at the intersection of family and criminal law. Breaching an AVO can result in a criminal offence, while an AVO against a person can, for example, affect child custody disputes in Family Court proceedings.

Who can apply for an AVO?

An individual, over 16 years of age, can apply for an AVO if they have been the victim of physical or sexual assault, threatened with physical harm or have been intimidated, stalked or harassed and believe that this type of behaviour will continue.

Alternatively, more frequently, applications are made by the police on behalf of the person needing protection.

What happens in Court?

The Court will make an AVO if the person to whom it applies agrees to the AVO being made or does not attend Court, or the Court is satisfied that there are reasonable fears for the applicant’s safety.

Contact our Family Lawyers based in Sydney, NSW

If you require further advice about the matters touched on, please contact the experts at Szabo & Associates Solicitors on 02 9281 5088 or complete the online contact form.