If someone has been threatening, stalking, harassing, or abusing you physically, mentally, sexually, verbally, or in any other way, know that you can stop them. It will keep you from being terrified of what they may do next or fearing for your kids or other loved ones. One of the ways to stop such people is by applying for an Apprehended Violence Order or AVO.
Even though AVO has been created for a long time, many people don’t know what it is and how it can protect them. In this article, you’ll learn a few things about AVO and how it could be of help. It’s also possible for you to be served with an AVO. What should you do then? You’ll also see what to do if you’re a defendant in an AVO application.
Read on to find out more.
Definition And Types Of AVOs
An AVO is an order from a court that protects a person who fears another individual’s violence, harassment, stalking, intimidation, or abuse. There are generally two types of AVO:
- Apprehended Domestic Violence Order
The court issues an Apprehended Domestic Violence Order or ADVO if the person you’re fearful of is your spouse or a person you live with. Essentially, it protects you from someone you have a domestic relationship with.
- Apprehended Personal Violence Order
The court provides an Apprehended Personal Violence Order or APVO to you to protect you from an outside party. It means someone that isn’t your spouse, you don’t live with, and you have no domestic relationship with. It can be a neighbour or a workmate.
Who Can Apply For An AVO?
You can make an application for an apprehended personal violence order or an apprehended domestic violence order if you’re 16 years old and above. You must also have been assaulted, harassed, stalked, or threatened in any way and believe the habit could continue.
You can visit your local court to seek an AVO. First, the court will have to ascertain that your claims are valid and you have a reason to be afraid of the person threatening, stalking, intimidating, or abusing you. If the perpetrator’s awful behaviour towards you seems like a criminal offence, go to the nearest police station. They can investigate the matter and may get a statement.
In some instances, when the police believe that a victim may be in danger, they can apply for an AVO order for them. This scenario is most common in cases of domestic violence.
How Do AVOs Help?
Usually, an AVO is enforceable once it’s served to a defendant. Upon receipt of the order, they must no longer threaten, assault, harass, intimidate, or stalk you as the plaintiff. They shouldn’t also recklessly or willingly damage or destroy your property or anything that belongs to you.
An AVO could also be made to suit your circumstances. For instance, the court could restrict the defendant from:
- Reaching out to you through calls, emails, or texts. They can only do so through a lawyer.
- Asking someone else to contact you on their behalf
- Being near you in the first 12 hours subsequently after consuming drugs or alcohol
- Visiting your workplace
- Coming to your residence if you own the property
- Working with kids
- Possessing weapons or firearms and their licenses
If the defendant breaches an AVO, they can be charged with a criminal offence, fined, or face jail time. So, an AVO generally scares the person you need protection from, from thinking they can hurt you.
AVOs can have an expiry date. If the defendant is below 18 years, the order may be valid for only one year. However, if they’re 18 or older, an AVO could last for two years. Still, the court may sometimes dictate how long an AVO should be active based on a victim’s circumstances. The order can also be revoked or extended on a plaintiff’s request.
What To Do After Being Served With An AVO
Being served with an AVO can be confusing and terrifying. In this case, you could either oppose the order, consent to it, or make a cross-application. Being calm after being handed an AVO is essential because, that way, you can make the right decision.
If you make a cross-application or oppose the order, the court will first adjourn the matter and require you and the plaintiff to provide evidence to prove yourselves. The evidence can be call recordings, photos, messages, and written statements. Upon receiving such material, the court will schedule a hearing and evaluate everything before making a final decision.
On the other hand, if you consent to the AVO issued, you’re willingly admitting or confessing that the facts of the order are correct. In this case, the court will create and hand you the final AVO for the plaintiff’s safety.
It’s essential to seek legal advice after being served with an AVO. A good lawyer will defend you in the best way possible.
Key Takeaway
You don’t have to continue living fearful of someone who has been intimidating, stalking, harassing, or abusing you. You can stop this behaviour by applying for an ADVO or APVO. The former is necessary if you and the defendant share a domestic relationship, and the latter is for outside parties.
Though AVOs have been present for many years, some people may not be familiar with everything they entail. This article helps to clarify more about these orders. Here, you’ve learned what AVOs are, why they’re vital, who can make an application, and how they can help. Besides that, you’ve also seen what you should do if you’re served with one
