Apprehended Violence Orders
There are two types of Apprehended Violence Orders (AVO):-
- A Apprehended Domestic Violence Order (ADVO); and
- A Apprehended Personal Violence Order (APVO).
An AVO is an order that a Court may make to protect people from others doing specific things. The AVO will specify the things a Defendant must not do and in the event that the Defendant disobeys the AVO the Defendant may find themselves once again before the Courts having to explain their actions.
It is a crime to disobey an AVO. The penalties a Defendant may face contravening an AVO are serious including a maximum fine of $5,500.00 and/or two (2) years imprisonment may result.
AVO’s are designed to protect people from domestic violence or personal violence. A Court will attempt to make an Order to ensure that a person in need of protection does not have to live in fear of being physically hurt, harassed, intimidated, molested or stalked.
An Applicant must show that they have a fear for their safety and there is a reasonable ground for that fear.
It is necessary to swear a complaint for an Apprehended Violence Order. An individual can swear a complaint for an AVO by seeing a Chamber Magistrate or the Police may swear a complaint on behalf of a person for an AVO. If in the event that the Police make an Application for an AVO than a Police Prosecutor will represent the Applicant at Court.
At Bateman Battersby Lawyers Penrith we can assist you if you have been served with papers to appear in Court as a Defendant on an Apprehended Violence Order or if you consider yourself to be a person in need of protection. We can advise you on the appropriateness of Orders and all details of this type of matter.