Apprehended Personal Violence Orders and Apprehended Domestic Violence Orders in NSW

Apprehended Violence Order (AVOs) are Court orders which seek to protect individuals. AVOs protect individuals by ordering defendants to modify their behaviour by imposition of certain conditions on their behaviour. The mandatory AVO condition also referred to as condition one states:

1. The defendant must not do any of the following to the protected person or anyone that the protected person has a domestic relationship with:

1. Assault or threaten them,
2. Stalk, harass or intimidate them, or
3. Intentionally or recklessly destroy or damage any property or harm any animal that belongs to or is in the possession of the protected person.

AVOs can also have additional conditions for example, orders can be made which prohibit the defendant from contacting the protected person, going within a certain distance of the protected person's home or work or not being in the company of the protected person within 12 hours of consuming alcohol or drugs.

An apprehended domestic violence order (ADVO) is an AVO for the protection of a person against another person with whom they have or have had a domestic relationship.

An AVO made for protection of a person who is not and has not been in a relationship with the defendant is referred to as an apprehended personal violence order (APVO).

Types of AVOs

There are 3 types of AVOs:

1. Provisional AVOs
2. Interim AVOs
3. Final AVOs

Defendant’s options

AVO Lawyers Blacktown | AMA Legal advice that on attending the first mention of an AVO application, a defendant can:

• Consent to the making of the AVO without admissions, or
• Contest the making of the AVO and have the AVO application determined by the Court.

If an AVO is contested, the Local Court will set a timetable for filing and service of statements and list the matter for a show cause hearing after a compliance mention.

Show cause hearing

According to AVO Lawyers Sydney | AMA Legal, at the show cause hearing, all the evidence in chief is by way of the statements filed unless the Court grants leave for further evidence to be led orally. The deponents of the statements are then cross examined by the opposing party and the Magistrate applies the test for making if the AVO based on the evidence admitted on the application.

The test for making AVOs

The test for ADVOs is contained in section 16 Crimes (Domestic and Personal Violence) Act 2007 which states:

1. A court may, on application, make an apprehended domestic violence order if it is satisfied on the balance of probabilities that a person who has or has had a domestic relationship with another person has reasonable grounds to fear and in fact fears—

1. the commission by the other person of a domestic violence offence against the person.

The test for APVOs is similar to the test for ADVOs with the difference being the existence of domestic relationship between the protected person and the defendant.

AVO Lawyer Sydney | AMA Legal advice that the making of an AVO does not amount to a criminal conviction but may impact the defendant ability to obtain certain licences such as security licence or firearms license and may impact some clearances.

When served with an AVO, it is advisable to seek legal advice.