Criminal Law

Apprehended Violence Orders (AVOs)

An Apprehended Violence Orders (AVO) is an order of the court made against a Person In Need Of Protection “PINOP” from any kind of harassment, intimidation, stalking or violence. An application for an Apprehended Violence Orders (AVOs) is generally made by the police where they are worried for the safety of the PINOP. Police can apply for the AVO even if the PINOP does not want an Apprehended Violence Orders (AVO) against the other person. These sorts of AVOs may also be applied at the same time a person is facing charges (generally for assault or intimidation)

Similarly a PINOP may also apply for an AVO personally without the interference of the police. Anyone can apply for an AVO; generally partners living in a domestic relationship whether married or defectors. These are often called ADVOS (Apprehended Domestic Violence Orders).The other type of an AVO is APVO (Apprehended Personal Violence Order) generally applied by or on behalf of a party not related to the other person. These may include acquaintances, friends or neighbors etc.

Where can someone apply for an AVO?

Any person who is or has been the victim of physical assault, threats of physical harm, stalking, intimidation or harassment and has a reasonable fear to believe that this behavior will continue.

Who Can Apply for an AVO?

A person over the age of 16 or a Police Officer can apply for an AVO.  A person can speak to the Court Register at their local court.  If the behavior amounts to a criminal offence, you should report the matter to police, whether or not you have a relationship with the perpetrator.  Police will assess your situation, obtain a statement if required and if they belief and suspect that an ADVO is necessary to ensure your safety and protection, they have an obligation to make the application on your behalf.

Although an AVO is not a criminal offence and does not come up in your criminal record; it can still effect you. For instance, if you hold a Security License in any state or territory in Australian, the licensing authority may suspend your license as a result of an AVO against you. Therefore, it is very important to seek legal advice before you decide to consent or contest an AVO.

For more details, Study Criminal Laws.