In simple terms, an AVO is a protection order containing conditions approved by the court to restrain a person's behaviour and/or movements towards another person.
There are two different types of AVO - An 'apprehended domestic violence order' (ADVO) and an 'apprehended personal violence order' (APVO). Both types are commonly referred to as AVOs.
ADVOs are used when two opposing parties are or have been in a 'domestic relationship'. The legal definition of a 'domestic relationship' is much broader than you think. In addition to the common husband-wife and boyfriend-girlfriend relationship, it often includes a relative, or even a fellow tenant living under the same roof.
APVOs are protection orders for all situations that do not involve a domestic relationship. Examples include orders against neighbours, strangers, or former employees.
Nearly all ADVOs are applied for by the police on behalf of the complainant. However, everyone can apply to the court for an ADVO should the police refuse to take one out. An application for an ADVO does not necessarily mean the court would grant the order.
Police rarely take out an APVO on behalf of complainants unless a criminal offence has been detected. You may have to personally apply to the court for a APVO.
If an AVO is taken out against you, we will talk you through all you need to know about the application and advise you of the options. AVOs are not criminal matters so the rules regarding the prosecution proving the case beyond reasonable doubt do not apply. You are required to prepare your case and file evidence with the court. Contact us and we will assist you in preparing the evidence and represent you in court to resist the application.
Our lawyers could help you to apply for an AVO if you have been subject to threats of violence by another person, or if you have fears for your personal safety or danger to your property.
Contact us and we will advise you on your chances and the legal process.
We will help you find a practical and affordable solution that works for you