AVO Vs DVO

While both AVOs and DVOs are designed to protect an individual from assault and violence, they carry significant differences. Here’s a brief overview:

• Apprehended Violence Order (AVO): An AVO is a court order to protect an individual from threats, intimidation, violence, and harassment.
• Domestic Violence Order (DVO): A DVO is also a court order, but is limited to a respondent in family relationships, like spouses.

Despite their differences, the purpose of AVOs and DVOs is quite similar. They are both designed to safeguard a person’s rights. So, their application can impose restrictions, like prohibiting contact with the victim. Additionally, a person who knowingly contravenes a prohibition or restriction specified in an apprehended violence order is guilty of an offence.

Here are the key differences between an AVO and a DVO:

Apprehended Violence Order

An AVO is used primarily in New South Wales (NSW) and the Australian Capital Territory (ACT). It is further divided into two types, Apprehended Domestic Violence Order (ADVO) and Apprehended Personal Violence Order (APVO).

An ADVO is primarily used for cases involving family and household, while the APVO is for non-domestic relationships. In NSW, the protected person (if 16 or over) may commence proceedings; police may also commence and, in some situations, must apply.

Domestic Violence Order

DVOs are specifically for family relationships, with their jurisdictions being Queensland, Northern Territory, and the Australian Capital Territory. As per its name, a DVO focuses solely on preventing domestic violence cases. The application process for DVOs can be started by the aggrieved individual or someone related to them. But the police can also apply at the victim’s behest.

Simply put, AVOs can cover both domestic and non-domestic issues, while DVOs are limited to the former. Their core distinction lies in the relationship between the parties. Additionally, the terminology can vary depending on the Australian state. For instance, an ADVO can be used just like a DVO in New South Wales (NSW).

What Is An AVO? Legal Definitions And Implications

An Apprehended Violence Order (AVO) is a court-issued protective measure under Australian law to prevent threats, intimidation, and violence. It is a civil order to safeguard an individual from harm. Furthermore, an AVO can be used for both domestic and non-domestic relationships as it has two types.

• Apprehended Domestic Violence Order for domestic relationships, like partners, family members, etc.
• Apprehended Personal Violence Order for non-domestic relationships like neighbours, coworkers, etc.

It is important to note that AVO itself is not a criminal conviction. However, it has several legal implications, including firearm restrictions for the defendant. It can also limit the defendant’s employment roles in sectors like childcare and security.

Moreover, breaching an AVO can land a maximum penalty of 2 years imprisonment or 50 penalty units (higher for aggravated forms). If the breach involved an act of violence, the court must impose a term of imprisonment unless it orders otherwise.

A court may vary or revoke interim and final AVOs. Police may seek variation/revocation of provisional orders. An applicant may withdraw an application; revoking an existing order is a court function.

The police have the authority to disarm an AVO in its initial stage, but only for a good reason. For instance, if the applicant doesn’t have sufficient evidence, the police can step in. Protected persons can not withdraw AVOs easily either. The court or the police must approve the withdrawal before it takes effect.

A court may make an ADVO/APVO if satisfied on the balance of probabilities that statutory tests are met: ADVO and APVO. Standard prohibitions include assault, stalking/intimidation, and property damage. However, an application must present proof on the balance of probabilities, including the following:

• Documentation, such as police reports, medical reports, or photographs.
• Witness statements from close friends, family, or neighbours.
• Digital evidence, including texts, recordings, or emails.

Evidence will depend on the case; the court applies the statutory tests on the balance of probabilities.

The length of an AVO can vary depending on its specifications. For example, an interim AVO is temporary and granted only during court proceedings. If the court does not specify a period: ADVO defaults to 2 years (1 year if the defendant was under 18 at filing), while APVO defaults to 12 months. The court may set different periods (including indefinite ADVOs in limited cases).

You can also renew an AVO before its expiry date. However, the applicant must provide evidence of ongoing risk for renewal.

One thing to know is that an individual can get an AVO without criminal proceedings. It is a measure to ensure immediate protection for a victim.

What Is A DVO? Legal Definitions And Implications

A Domestic Violence Order is a civil order to protect individuals from family violence by setting legally enforceable conditions. The person filing the DVO is called the “aggrieved,” while the other party is known as the “respondent.”

A DVO sets out some strict rules that the respondent must follow, including not approaching or contacting the aggrieved. Violating these conditions can result in a DVO breach, leading to automatic suspension or cancellation of a firearm license for up to 5 years.

The National Domestic Violence Order Scheme (NDVOS) further restricted traditional DVOs. Since 25 November 2017, any DVO made in one Australian state or territory is automatically enforceable in all other states and territories. Simply put, the victims are protected, and the aggrieved are recognised nationwide.

Also, it has given the police authority to act on the DVO breach, regardless of where the DVO was originally issued. However, it is important to note that the specific conditions of DVOs vary across states. The NDVOS only guarantees mutual recognition, perpetrator accountability, and victim safety throughout Australia.

New South Wales regulates DVOs under the Crimes (Domestic and Personal Violence) Act 2007. However, due to the National Domestic Violence Order Scheme, NSW automatically recognises and enforces a DVO issued in any state.

Below are the four primary types of DVOs:

• Temporary Protection Orders: Short-term orders to provide immediate protection until the case hearing, but can be extended if necessary.
• Protection Orders (Full DVOs): Final orders by the court after full hearings, typically lasting two years, but can be extended for continued protection.
• Consent Orders: Orders made after the respondent agrees to the conditions without admitting to the allegations to ease the process and prevent a full hearing.
• Specific Condition DVOs: Orders including specific conditions like full communication restriction or non-intoxication contact (no contact when under the influence).

When Should You Seek Legal Advice For An AVO Or DVO?

Remember, AVOs and DVOs are both protective orders, and they play a critical role in safeguarding individuals. These orders can have far-reaching legal and personal consequences. Hence, having legal advice is essential for both applicants and respondents.

Here’s when to pursue an AVO or DVO in family law cases:

• If you are experiencing or fearing physical violence, emotional abuse, harassment, stalking, or threats from your spouse or a family member.
• If there is a risk to the safety of children or family, especially during child custody disputes.
• If you wish to create a formal record of threats or harm, influencing parenting arrangements and other outcomes in legal proceedings.

Seeking legal advice for AVO and DVO is important as it is a complex and often emotionally charged process. With the right advice, you can fully understand your rights, responsibilities, and the potential outcomes of these orders.

Moreover, mishandling protective orders like AVO and DVO can cause serious trouble, like an unintentional breach. They can also get you unfavourable court outcomes, restricting contact with your children. Without legal advice, an applicant might be unable to gather and present the right evidence or arguments in court hearings.

Are you considering applying for an AVO/DVO, or do you need help defending against these orders? We, at The Criminal Law Group, offer expert legal advice and strategy tailored to the unique circumstances you are facing.

Our team ensures you fully understand the legal process, navigates the complexities of these orders, safeguards your rights, and achieves the best possible outcome for you and your family. Contact us for a free consultation so we can help you with legal representation.

How Do AVOs And DVOs Affect Criminal Records And Employment?

AVOs and DVOs are civil court orders, but they do not constitute criminal convictions. Their implications for criminal records and employment opportunities can differ depending on jurisdictional policies.

In NSW, a DVO doesn’t appear on the Nationally Coordinated Criminal History Check by the police. However, a DVO breach can result in criminal charges and appear in criminal records.

Similarly, AVOs also do not generally appear on standard criminal history checks by the police because they are not considered criminal convictions. But, AVOs can be disclosed in advanced police checks and often limit employment roles involving marginalised groups, children, and law enforcement.

For example, AVOs and DVOs can suspend the respondent’s firearms license, resulting in restrictions from security fields like the police.

It is also important to note that a DVO alone can not disqualify someone from holding a Blue Card. However, a DVO breach can cause a reassessment, especially if the order involves domestic violence or risks to children.

Moreover, DVO breaches can result in criminal convictions, deeming a person “disqualified”, permanently barring them from child-related work. Besides firearms and security license suspension, court orders can also limit the respondent’s mobility, restricting them from jobs requiring frequent interstate traveling.

What Are The Practical Considerations For AVOs And DVOs?

The primary purpose of AVOs and DVOs is safety, but they may also raise important practical considerations, including privacy, disclosure, and international travel.

AVOs and DVOs are not public records. But below is everything you need to know about their privacy and disclosure rules:

• The public cannot access information about who has an AVO or DVO against them.
• An at-risk individual can apply to find out if their partner has a history of violence, including previous DVOs. However, this process is confidential, and the subject to the DVO is not being notified.
• Australian government agencies, the police, and courts have accessto DVO/AVO information.
• DVOs do not appear on employment checks unless they are breached. However, an employer can run deeper background checks to find DVOs, especially for sensitive roles.

As for travelling, domestic and international travel isn’t immediately restricted by AVOs and DVOs. However, there are a few conditions you should know:

• The respondent is required to remain in Australia during court proceedings for AVOs/DVOs.
• Some countries may require disclosure of AVOs and DVOs, especially with associated criminal charges (if any).
>New Zealand officially recognises DVOs issued in Australia. Thus, they are also enforceable there.
• Breaching an AVO or DVO can disqualify your passport and restrict you from international travel.