APPREHENDED VIOLENCE ORDERS

QUESTION: What is an AVO – Apprehended Violence Order?

ANSWER: An Apprehended Violence Order is an order made by the Court preventing a person from behaving in such a way that
the person seeking the order is in fear of his or her safety.

QUESTION: What is a Telephone Interim Order (TIO)?

ANSWER: If the police are required to attend an incident involving the defendant and the person in need of protection (often called the PINOP) and the police officer has good reason to believe that an order is necessary to ensure the safety of the PINOP or to prevent any damage to the property of the PINOP and it is not practicable to apply personally for an interim order by the Court.

QUESTION: What are Interim Orders?

ANSWER: An interim AVO will only be granted by a Magistrate where it is necessary and appropriate to do so in the circumstances.

QUESTION: How do you apply for an AVO?

ANSWER: An AVO application can be made in one of two ways:

• You can attend the Local Court registry, discuss your matter with the Court Registrar, swear an Affidavit
  and file an application.
• If police are required to attend an incident or you attend a the Police Station a police officer may swear an application for
  an AVO on behalf of the person in need of protection.

QUESTION: Are there different Types of Apprehended Violence Orders?

ANSWER: Yes. There are two different types of Orders.

1. ADVO – Apprehended Domestic Violence Order
   This type of AVO applies to a domestic relationship. A person has a domestic relationship with another person if the person is or has been married to the other person, has or had a de facto relationship, has or had a personal relationship with the other person.
2. AVO
   This type of AVO applies to relationships other than domestic relationships such neighbourhood disputes or friends who fall out for whatever reason.

QUESTION: Under what circumstances will the Court grant an AVO or ADVO?

ANSWER: A magistrate needs to be satisfied on the balance of probabilities of two separate issues:

• That the conduct of the defendant against the PINOP is such that the PINOP holds a personal fear for his/her safety or his or her personal property
• Looking at the circumstances of the PINOP in a objective manner that in the circumstances the PINOP's fear is reasonable

The Court will consider the safety and protection of the PINOP and any child that is directly or indirectly affected by the conduct of the Defendant.

QUESTION: What is an Undertaking?

ANSWER: If both parties consent the parties may enter into a written or oral agreement (an undertaking) in terms consistent with the Orders sought in the AVO. An undertaking is a promise to the Court that the parties agree to abide by the terms of the agreement. The undertakings are not legally enforceable but are recorded on the Court file. Please note that if the undertaking is breached then it is likely that on application the Court will order the AVO.

QUESTION: Can an AVO be made by consent without admissions?

ANSWER: If the Defendant consents to the AVO the Court can order the AVO without making a decision regarding the factual background of the complaint supporting the application. In essence, the defendant accepts the terms of the AVO but does not accept that the complaint made by the PINOP is true.

QUESTION: When does an AVO matter go to Hearing?

ANSWER: If the Defendant does not consent to the AVO the matter will be listed for a hearing. At the hearing the PINOP is required to 'show cause' as to why the application should be granted.

The PINOP is required to prove on the balance of probabilities that he or she holds a subjective fear for his or her personal safety and that this fear is reasonable in the circumstances.

At the hearing both parties will be allowed the opportunity to present their case (including any evidence in support of their case) and to cross examine the other party and any witnesses they produce.

QUESTION: How long does an AVO remain in force?

ANSWER: An AVO remains in force for the period of time specified in the Order or in the undertaking. The AVO will usually be in place for a period of 2 years. At the end of the AVO the AVO will expire or the PINOP may apply for another AVO.

QUESTION: What happens If I breach an AVO?

ANSWER: If the defendant breaches any of the orders in the AVO, the defendant may be arrested and charged. The maximum penalty for disobeying an AVO is 2 years imprisonment and/or a fine of $5,500.

QUESTION: Can I vary an AVO or have it revoked?

ANSWER: An application can be made at any time to vary or revoke the AVO. A court will amend or revoke the AVO if it is proper to do so in all the circumstances.

QUESTION: If someone applies for an AVO and I consent to it will I have a criminal record?

ANSWER: An AVO does not give a defendant a criminal record.

QUESTION: What other things are affected by an AVO?

ANSWER: The defendant is not allowed to keep any firearms, or to hold a firearms licence for 10 years after the AVO ends, unless the AVO is cancelled by the court. If you are a defendant and have a firearms licence, or any firearms, you must immediately surrender them to the police.

The police keep a record of the order on a database. The database can be accessed in the future.

If you have any firearms, you must give them to the police. Your licence or permit to own a firearm is automatically revoked.

You cannot be given a new firearm licence until 10 years after the Order has ended. You can be given a licence if the Order is revoked.

An Order can also affect licences to work as a security officer.

If the PINOP moves to another Australian State or Territory they can register the AVO with a Court in that State or Territory. The AVO will then continue to provide protection for them.