Outline
- Introduction
- Apprehended Domestic Violence Order (ADVO)
- Apprehended Personal Violence Order (APVO)
- In New South Wales, how do I go about submitting an application for an Apprehended Violence Order
- In New South Wales, when will an AVO be issued by a court
- Apprehended Domestic Violence Orders
- Apprehended Personal Violence Orders
- What are the terms of an AVO in New South Wales?
- If you violate an AVO, what are your legal options?
- Is an AVO good for a long time?
- Is it possible to alter or cancel an AVO?
Apprehended Domestic Violence Order
Apprehended Violence Orders are what are known as protection orders in the state of New South Wales (AVOs). The Offences (Personal and Domestic Violence) Act 2007 is the primary piece of law in New South Wales that addresses AVOs.
There is legislation in place in each state and territory of Australia that enables persons to make an application for a protection order. The purpose of these orders is to prevent a person from being abused in a variety of different ways, including sexually, psychologically, emotionally, and physically. Orders of protection against domestic violence and orders of protection against personal violence that have been apprehended
In the state of New South Wales, there are two distinct categories of AVOs:
Apprehended Domestic Violence Order (ADVO)
These orders are issued when the parties are related to one other, living together, residing in the same residential facility, being in a caretaker connection with each other, or being in an intimate relationship with each other. These folks include those who have previously been in a relationship of this kind.
Apprehended Personal Violence Order (APVO)
These orders are established if there is abuse being perpetrated between individuals who are not connected to one another and do not have a domestic connection with one another. Neighbors and those you work with also fall into this category.
This page contains information on both kinds of Apprehended Violence Orders that may be issued in the state of New South Wales.
In New South Wales, how do I go about submitting an application for an Apprehended Violence Order?
You may apply for an AVO by contacting the NSW police department and having them submit the application on your own. If the police have reason to believe that you are in danger, they may issue a provisional order, which is an interim measure that stays in effect until the case can be heard in court. Provisional orders are issued in situations when allegations of domestic abuse have been made and the individual in question is in immediate need of protection. A judge is not required to make provisional orders in the legal system.
Under certain conditions, the law enforcement agency is obligated to submit a request for a temporary ADVO. These are the circumstances under which a law enforcement officer has reasonable grounds for suspecting that a domestic violence or harassment crime has been committed.
Attending one’s local courthouse in order to make a request for an ADVO or APVO on one’s own is sufficient. You should see a lawyer before submitting an application for an AVO since they will be able to help you with the paperwork, and it is also suggested that you do so.
Following the filing of an application, the case will be scheduled for a hearing in a district court in the area.
If you are a defendant who has been given a summons, it is imperative that you appear in court on the day and at the time that the court has specified. If you do not comply, it is possible that the issue may be resolved without you being present. A lawyer can help you get ready for the hearing and even defend you in court if necessary. You may find further information on the application process for an AVO in our dedicated post titled “Applying for an AVO in New South Wales.”
In New South Wales, when will an AVO be issued by a court?
Apprehended Domestic Violence Orders
As a result of an order from the court Orders for Protection from Domestic Violence Have Been Obtained. If a court is convinced that the person requesting protection has or has had a domestic connection with the accused and worries that the defendant may conduct domestic violence, it will issue an ADVO for that person. It is not always necessary to demonstrate that the claimant is concerned about their safety. Even if the person being safeguarded is a minor, this rule applies to them.
The jury will take into consideration a variety of variables while deciding whether or not to issue an ADVO. This covers how the order will affect any children involved, the hardships the protected individual and their children may face, and the accommodation requirements of the parties concerned.
Apprehended Personal Violence Orders
The court in New South Wales has the authority to impose an APVO on the offender for the benefit of one or more individuals. In order for a court to issue an injunction, it must be satisfied that the applicant requesting protection has a legitimate basis for fearing and really fearing the defendant’s violence.
If the accused has threatened or stalked the person requesting protection, the court in New South Wales may issue an order for their arrest and remand. In this case, the court must determine that the behavior merits the order.
A person’s dread of committing such a crime does not have to be shown in all cases. This includes children. When deciding whether to award an APVO, the court takes into consideration the same reasons indicated above.
What are the terms of an AVO in New South Wales?
To ensure the well-being of the victim and their children, a court may impose whatever restrictions on the defendant’s conduct it deems necessary.
There are three conditions that must be included in every AVO under the Offences (Personal and Domestic Violence) Act 2007, and they are as follows:
- Interfering with, assaulting, threatening, molesting, or molesting the person who is the object of protection;
- Threatening or stalking the person who is supposed to be safe;
- Destruction or damage to protected person’s property, whether intentional or accidental.
There are other types of restrictions that can be put in place, such as a ban on a plaintiff from approaching the covered entity for 12 hours after drinking or taking illicit drugs.
It is critical that you inform the court, your lawyer, or the police about the conditions you require so that the AVO is tailored to your specific needs and circumstances.
If you violate an AVO, what are your legal options?
Breaching an AVO is a crime, despite the fact that it is a civil order. Breaching an AVO carries penalties of up to 50 penalty units ($5,500 at the time of this writing) in fines or two years in prison, or both.
An AVO violation is a serious crime that really should be reported to police as soon as possible. Information on New South Wales AVO Breach is available in our dedicated article.
Is an AVO good for a long time?
The expiration date of an AVO is usually stated. For the sake of safety and security, the court has set a time limit for the detainee. Orders are valid for a period of one year from the day they are placed, unless an expiration date is stated.
Is it possible to alter or cancel an AVO?
In NSW, an AVO may be amended or terminated if there has been a significant change in circumstances.
In the state of New South Wales, you must go via a local court to request a variation or amendment to an AVO. This may be done at any time while the AVO is in effect by a law enforcement officer or any relevant parties (such as the offender or protected person).
If an AVO cancellation or adjustment is requested, the application must include the grounds for the request as well as the specific changes desired. A lawyer may help you in submitting an application to modify or cancel an AVO based on your current situation.
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