What Are Apprehended Violence Orders / AVO Applications?

Apprehended Violence Orders (AVOs) can cost you your job, prevent you from obtaining employment in certain industries, and block you from obtaining certain licences such as for guns. Not to mention leaving you with the reputation of being somebody who has been accused of domestic violence and needs to be restrained by Court order.

ADVOs come in two types: an Apprehended Personal Violence Order (APVO) and an Apprehended Domestic Violence Order (ADVO). ADVO’s are most common and these orders are civil matters though they often accompany a criminal charge such as Common Assault.

If you have been issued with an AVO, speak with Nott and Co Lawyers.

What Happens With Apprehended Violence Orders?

  1. Firstly, the police will issue you with a provisional AVO. This may result in you being excluded from your place of residence, so quick and informed action is necessary.
  2. If you want to recover your property, the Court can make a property recovery order.
  3. You will be given a date to attend Court where you can accept the AVO or fight it.
  4. If you accept the AVO, the matter will be finalised on the first occasion before the Court.
  5. If you resist the AVO, there will normally be a further compliance mention before the Court and then a hearing date to present your case to the Magistrate.

Breaches Of Apprehended Violence Orders.

Provisional, interim and final AVOs can be breached. Even though the AVO is a civil instrument, any breach of the conditions is a criminal offence and you will have to return to Court to face the charge.

The offence of breaching an apprehended domestic violence order carries a maximum penalty of 2 years imprisonment or 50 penalty units, or both.

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Varying Or Revoking An Apprehended Violence Order

An AVO application to vary or revoke an ADVO can be made at any time by either a police officer, defendant, or protected person.

The application must set out the nature of the variation sought and the reasons for why it is appropriate to vary or revoke the ADVO.

The court may vary or revoke the ADVO in any of the following ways:

  1.  by extending or reducing the period which the order is to remain in force.
  2.  by amending or deleting any prohibitions or restrictions specified in the order; or
  3.  by specifying additional prohibitions or restrictions in the order.

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