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:
- Apprehended Domestic Violence Orders, and
- Apprehended Personal Violence Orders
- An AVO application can be made:
- A police officer on behalf of a ‘protected person’, or
- An individual on their own behalf
To obtain a final AVO, the applicant must prove that:
- They fear and have reasonable grounds to fear the commission of an offence of violence, or being intimidated or stalked, and
- 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:
- Assaulting or threatening them
- Stalking, harassing or intimidating them, or
- Intentionally or recklessly destroying their property
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