An Apprehended Violence Order (AVO) provides protection to a person in need of protection by restraining the defendant from contacting or approaching the protected person, who fears for his/her safety.
There are two types of AVOs. One is ADVO is made where the people involved are related, living together or in an intimate relationship, or have previously been so. And another is APVO is made where the people involved are not related and do not have a domestic relationship, for example, neighbours or workmates.
Who issues an AVO
Initially, NSW Police may issue a provisional order if the Police have fears for your safety after you reported the incident. This order remains until the matter can be heard by the Court. The protection takes effect as soon as it is issued by the Police. the Police will formally give the defendant the AVO application. The AVO application addresses when the defendant requires to go to court.
What the defendant must do
The defendant must go to court if the defendant wishes to vary or challenge the orders. Otherwise, the court can make an AVO in your absence.
Defendant options
you can do the followings:
- Agree with the orders and conditions and admit to the allegations.
- Agree with orders without admitting to the allegations.
- Provide undertakings to the court.
- Defend your case and challenge the orders.
After AVO orders
Although the defendant does not get a criminal record if AVO is made. The details of the AVO are kept on a police database.
If the defendant has any guns, the police will take them. If the defendant has a gun licence, the licence is automatically cancelled for 10 years. Further, there can be the consequence of an AVO if the defendant wants to have a security licence or work with children.
If the defendant re-offends the same or has some other criminal offences, the record will be used for the new offence.
Length of AVO
The standard length for an AVO is two years. The court can make an order longer in some circumstances.
Speak to CFS Legal dedicated lawyers in confidence for AVO matters. Email: info@cfslegal.com.au