An Apprehended Violence Order (AVO) - Protect Your Future
What is Family or Domestic Violence?
Family violence affects not only the victim but, in many cases, young children. Abusive relationships are sadly very common, and causes family members to live with enormous stress. Abuse is all about manipulation and control, whether it be financial, physical, sexual or emotional. It is all encompassing and it’s important to recognise any early warning signs and act proactively to take steps to deal with it.
Signs of violence can include:
- Sexual, physical, economic, psychological, and emotional abuse
- Stalking, intimidation, or harassment
- Social abuse – e.g. Isolation and control
- Spiritual abuse – e.g. Not allowing you to have your own opinions and views about religious or cultural beliefs.
Recognising the signs of domestic violence and not just remaining silent is crucial in protecting yourself and putting a stop to it.
What is an Apprehended Violence Order (AVO)?
An AVO is an Order made by a Court against someone who makes you fear for your safety. The purpose of an AVO is to offer protection from intimidation, harassment, and violence. If you are experiencing abuse applying for an AVO can allow you to take some control of your situation.
The conditions of an AVO must be obeyed and, if they are breached, the person may be charged with a criminal offence. Violating the terms of an AVO can result in criminal prosecution, penalties and in severe cases, imprisonment.
There are two types of AVOs:
1. An ADVO (Apprehended Domestic Violence Order) is able to be implemented where the parties are involved in a domestic relationship, meaning they are related, living together, in a current or former intimate relationship, or in a dependent care arrangement including disability carers, support workers, foster carers or people residing in the same facility.
2. An APVO (Apprehended Personal Violence Order) can be implemented where the parties involved are not related and do not have a domestic relationship e.g. neighbours or co-workers.
Who Can Apply for an AVO?
AVO Applications are usually made by NSW Police on behalf of the person seeking protection. You can apply for your own protection if:
- You are 16 years or older; and
- You have been the victim of physical or sexual assault, been stalked, harassed, intimidated, or threatened with physical harm.
How do you Apply for an AVO?
- Call Police on 000 or the non-emergency phone 131 444;
- Visit your local Police station and speak to a Domestic Violence Liaison Officer or a General Duties Officer;
- Contact your local Court; or
- Contact Legal Aid NSW.
What services can help with an AVO?
The Women’s Domestic Violence Court Advocacy Services (WDVCAS) provides information and referrals to assist women and children who experience domestic and family violence. They are located at all local courts in NSW, and are able to be contacted on 1800 938 227.
Legal Aid NSW funds private lawyers to assist victims of domestic violence.
Law Access NSW is a free Government phone and webchat service that provides legal assistance and referrals. Law Access NSW is available on 1300 888 529. For people with a speech or hearing impairment, the contact number is 1300 889 529.
The EVP (Escaping Violence Programme) provides financial assistance for victims of domestic violence. The EVP offers up to $5,000 which can be used towards relocating and setting up the basics of a new home.
Eligibility for the EVP:
- Be an Australian citizen, permanent resident or special category visa holder living in Australia;
- Be 18 years old or older;
- Be experiencing financial hardship;
- Have not accessed this payment in the last 12 months; and
- Changed living arrangements in the last 12 weeks due to domestic violence.
Is a Lawyer required?
If the Police have applied for an AVO on your behalf, a Lawyer isn’t required as the Police Prosecutor will present the matter in court.
If you have applied for an AVO on your own through the Local Court, it is prudent to engage a Lawyer to represent you, however you can represent yourself if you choose to.
The Police will serve the application on the defendant requiring them to attend Court at a certain time and date. If the defendant fails to appear, the Court may make an Order in their absence. If the Police are unable to serve the defendant by the due date, the case may be adjourned to allow more time for the defendant to be served.
In this instance, an Interim Order (temporary) can be made to protect you during this period. The Magistrate may require evidence to this effect in order to make the Interim Order.
The Court can make an AVO if:
- The defendant agrees to an AVO being made;
- After hearing evidence, the Magistrate is satisfied that there are reasonable fears for your safety; or
- The defendant has been served but does not appear at court.
For an Order to be effective, it is dependent on the victim to report any breaches immediately to the Police.
Domestic violence is a major health, welfare, and social issue. It affects people of all ages and backgrounds.
If you are experiencing domestic violence, call 1800 RESPECT (1800 737 732).