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domestic violence Matters

Domestic Violence And AVO Lawyers

An Apprehended Violence Order (AVO) is an order made by the court that restricts certain behaviour of the defendant towards another.
The Application can be opposed or accepted, however it is important to understand the legal implications of an AVO before simply agreeing to it.

If you are in a position where the police or someone else is trying to take out an AVO against you, or you need to take an AVO against someone else to protect yourself, the highly skilled and compassionate team at Legal Edge are able to assist in all aspects of the AVO process.

There are two types of Apprehended Violence Orders:

Apprehended Domestic Violence Order (ADVO)

An Apprehended Domestic Violence Order is made where the people involved are related, living together or in an intimate relationship, or have previously been in this situation.

Apprehended Personal Violence Order (APVO)

An Apprehended Personal Violence Order is made where the people involved are not related and do not have a domestic relationship such as those who work together.  

Obtaining an AVO, at least on a provisional basis can be as easy as making a complaint to a Court or to a police officer. An application to take out an Apprehended Violence Order can be made by either a police officer on behalf of the protected person, or any person above the age of 16 who lodges an AVO application with the Local Court.

What do I do if I am the Applicant in an AVO Application?

In a case where you are privately making an Application, you may be ordered to serve statements consisting of evidence against the Defendant, and the Defendant may be ordered to serve statements in response.

In order for the court to approve an AVO application against a Defendant, the Applicant must establish that:

  1. The Applicant has fears of violence or harassment etc.
  2. The Applicant’s fear is based on reasonable grounds and history.

What do I do if I am the Defendant in an AVO application?

If the police on behalf of the protected person made the Apprehended Violence Order application against you, they will represent the protected person in court. Police statements will generally refer to them as the PINOP (Person In Need Of Protection). You will receive a Brief of Evidence against you. In a case where a civilian makes the AVO application privately, the Applicant may be ordered to serve statements consisting of evidence against you. In this case, you may also be ordered to serve statements in your defence.

Defending an Apprehended Violence Order can be difficult for various reasons:

  1. Proof is on the balance of probabilities, rather than the higher criminal standard of beyond a reasonable doubt.
  2. Most allegations occur where there are no witnesses, and it is your word against that of someone else.

If you require advice, or assistance in relation to an Apprehended Violence Order, please contact the team at Legal Edge to discuss your options during a first free of charge consultation, our 24 hour phone line.

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