Apprehended Violence Orders – AVO
Something we hear a lot of in the news in relation to many criminal matters is the Apprehended Violence Order (AVO). There are 2 types:
1. Apprehended Domestic Violence Order (ADVO) – for the parties in a domestic relationship ;
2. Apprehended Personal Violence Order (APVO) for parties who are not in a domestic relationship (i.e. neighbours).
If you have been a victim of a physical assault or are threatened with assault, are being intimidated, stalked or harassed by someone and you fear it will continue you can apply for an AVO. The police can make the application on your behalf. It is good to talk to the police first. If the police decline you can make the application yourself through the local court.
If an AVO is granted the defendant must not do any of the following to the person protected by the AVO:
• Assault or threaten them;
• Stalk, harass or intimidate them;
• Deliberately destroy or damage anything the protected person owns.
Depending on the circumstances other conditions can be added e.g. the defendant cannot go within a certain distance of the protected person. An AVO is not a criminal matter or charge; it is when a defendant breaches the AVO that it becomes a criminal offence. If you find yourself in a situation where you are
being harassed or threatened you should speak to police first. As this advice is general you may need specific advice which is relevant to your circumstances, and If so call Peacockes Solicitors on 0448 673 924 for a confidential appointment.