Apprehended Violence Order (AVO)
An Apprehended Violence Order (AVO) is an order made by the court that prohibits someone from harrassing, stalking, intimidating, assaulting or threatening violence against someone else. An AVO is a court order that the named individual not do anything like the behaviour named in the future on pain of arrest.
An AVO will therefore normally prevent the named individual from going near to the complainant’s named home or workplace. An AVO can be obtained with or without the consent of the feared individual, but a Magistrate must be satisfied that there are reasonable grounds for the fears expressed before an AVO will be granted.
There are 2 types of Apprehended Violence Orders:
- Apprehended Domestic Violence Order (ADVO) – taken against a family member including spouses, ex-spouses and intimate partners (includes de facto relationships)
- Apprehended Personal Violence Order (APVO) – for protection from someone other than family members
If you need to make an Apprehended Violence Order, or if somebody has made and AVO against you, you should seek legal advice from an experienced solicitor
immediately.
What happens if someone tries to make an AVO against you?
You can consent to or oppose an Apprehended Violence Order being made against you. If you oppose the order, the matter will be adjourned for a trial on a later date. Generally, an interim AVO will be made until the trial date.