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            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

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            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

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            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

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            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

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            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

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What do AVO, APVO and ADVO mean?

Here we outline the difference between the different types of apprehended violence orders, namely AVO, APVO and ADVO.

Apprehended Violence Orders (AVOs)

AVOs are court orders designed to protect individuals from violence, threats and harassment.

In NSW the Crimes (Domestic and Personal Violence) Act governs the circumstances under which applications for AVOs are brought and made, the offences of breaching AVOs and the parties rights and responsibilities under AVOs.

There are two types of apprehended violence orders (‘AVO’):

  1. Apprehended Personal Violence Orders (‘APVOs’); and
  2. Apprehended Domestic Violence Orders (‘ADVOs’).

APVO

APVOs are orders made for the protection of a person in need of protection between people who are not related or have not been in a personal or close relationship, such as co-workers or neighbours.

Unless there has been a crime committed, children are involved and/or police are involved, APVOs are usually applied for privately through the Local Court Registry by parties.  The Registry can refuse an APVO application if it:

  • Is vexatious or frivolous; and/or
  • Has poor prospects of succeeding or little merit.

Particularly with respect to neighbours and work mates the Court will usually make the parties undergo mediation before making a final order.

There are three types of APVOs:

  1. Provisional – a short term APVO may be granted in urgent circumstances by the police until the matter is first before the court.
  2. Interim – in certain circumstances, a short term APVO may be granted by the court until a final decision is made by the court.
  3. Final – a long term final order made by the court.

Once an order is made by a court or served on a person by police it is immediately enforceable.

In 2014 the Court granted 5,430 APVOs in NSW.  In 2018 there were 4,323.  The numbers of APVOs have been steadily decreasing.

ADVO

ADVOs are orders made for the protection of people in need of protection between people who are related, are in or have been in a personal or close relationship, such as family members and domestic partners.

There are three types of ADVOs:

  1. Provisional – a short term ADVO granted in urgent circumstances and usually created by the police until the matter is first before the court.
  2. Interim – a short term ADVO granted by the court until a final decision is made by the court.
  3. Final – a long term final order made by the court.

Once an order is made by a court or served on a person by police it is immediately enforceable.

How is an AVO made?

Police generally initiate an application for ADVOs when a complaint is made or where there is an event which involves personal violence against the person in need of protection. Where necessary the police have the power to grant a provisional ADVO until the matter is brought before the court.

Many victims attempt to negotiate with the police to have an ADVO dismissed or withdrawn after the incident of violence, however, police will generally not revoke an ADVO.

A person can apply privately for an ADVO at the Local Court Registry and unlike an APVO, the court staff must allow the application to be submitted.

In 2014 the Court granted 26,482 ADVOs in NSW.  In 2018 it granted 31,435.  Unlike the APVOs, the number has been steadily increasing.  North West NSW has the highest rates of ADVOs in the state.

Who Can Apply for an AVO?

 Anyone over the age of 16 years can apply for an AVO.  A person must be the victim of:

  • Physical assault;
  • Threats of harm;
  • Stalking;
  • Intimidation; and/or
  • Harassment

And have a reasonable fear that the behaviour will continue.

How is a Final Order Made?

A defendant (the person against whom the AVO is sought) can consent to an order being made without admitting the allegations against them.  If a defendant doesn’t consent to the AVO and wishes to defend or challenge the application, the matter will be adjourned and a date set for a hearing.

Both parties will have to provide evidence by way of written statements and other evidence may be permitted including verbal evidence.  At the hearing the magistrate will decide on whether the order is to be made.  An applicant for AVOs needs only to convince the magistrate on the balance of probabilities, that they need the benefit of an order for their protection.

The magistrate will dismiss the application or make a final order, depending on the evidence and the circumstances.

What Orders are made?

All AVOs contain a standard order that has three mandatory conditions, that the defendant must not:

  • Assault;
  • Stalk;
  • Threaten;
  • Intimidate; and/or
  • Harass the protected person.

The court can impose a range of other additional orders restricting the behaviour of the defendant but only as necessary to protect the person in need of protection and anyone with whom they have a domestic relationship.

Does the AVO Carry a Criminal Conviction or Record?

No.  If there are no associated charges, an AVO does not result in a criminal conviction or criminal record.  It is however recorded on a police database.  You cannot possess a firearm or have a firearms licence for 10 years if you have a final order made against you.

How Long does an AVO Last?

AVOs can be made from 6 months to 2 years.  The protected person must apply for an extension if this is required after 2 years.

Is a Breach of an AVO a Criminal Offence?

Yes.  A breach is of AVOs is an offence under the Crimes (Domestic and Personal Violence) Act NSW.  Depending on the type of breach and the circumstances, a person can be fined, convicted and/or imprisoned.  In 2013-2014 the breach rate for AVOs were:

  • Provisional AVOs 5%;
  • Interim AVOs 9.4%; and
  • Final AVOs 19.7%.

If you need assistance with applying for or defending an AVO application, or you have been charged with breaching an AVO, we recommend you seek legal advice.

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