Apprehended Violence Orders (AVO’s)

Apprehended Violence Orders (AVO’s) are sought under the Crimes (Domestic and Personal Violence) Act 2007 where a person has a reasonable fear of being the victim of a violent offence or being intimidated or stalked.

There are two main types of AVO’s:

1. Apprehended Domestic Violence Orders, and
2. Apprehended Personal Violence Orders
3. An AVO application can be made:
4. A police officer on behalf of a ‘protected person’, or
5. An individual on their own behalf

To obtain a final AVO, the applicant must prove that:

1. They fear and have reasonable grounds to fear the commission of an offence of violence, or being intimidated or stalked, and
2. The conduct warrants the making of the order

The application will fail if this is not proven on the balance of probabilities.

A standard AVO prohibits the defendant from doing the following to the protected person or anyone they have a domestic relationship with:

1. Assaulting or threatening them
2. Stalking, harassing or intimidating them, or
3. Intentionally or recklessly destroying their property