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Freehills I\2005218267 Printed 4 February 2010 (11:14) page 1YOUTH LEGAL CENTREApprehended Violence Orders 1 What is an Apprehended Violence Order? Apprehended Violence Orders (AVOs) are court orders designed to protect people from violence and harassment by others. A court will usually make an AVO if the applicant has reasonable grounds to fear violence, stalking or harassment from the respondent. An AVO sets out conditions to restrict a person’s behaviour. It is not a criminal charge and does not give a person a criminal record, although the details will be kept on a police database and having an AVO against you can restrict you from certain activities (eg. getting a security licence, working with children). Breaching an AVO is a criminal offence and can result in a criminal record. There are two types of AVO: 1.1 Apprehended Domestic Violence Order (ADVO) An ADVO is taken out against a person in a “domestic relationship” with the person seeking the AVO. “Domestic relationship” has a very wide definition and includes relationships such as: •current or ex-spouses (including heterosexual and same-sex de facto partners) •people who are or have been in an “intimate personal relationship” (ie partners who don’t live together) •household members (including at long-term residential facilities) •carers (unpaid or paid) •extended family members of Aboriginal or Torres Strait Islander people. Where an application has been made for the protection of several people and at least one person is in a domestic relationship with the person against whom it is sought, the application will be treated as an ADVO. 1.2 Apprehended Personal Violence Order (APVO) This is taken out against someone not in a domestic relationship (for example, a neighbour or classmate). 2 Terminology ADVO: Apprehended Domestic Violence Order APVO: Apprehended Personal Violence Order AVO: Apprehended Violence Order Applicant or complainant: a person applying for an AVO
Freehills I\2005218267 Printed 4 February 2010 (11:14) page 2Informant: a police officer who takes out an AVO on someone’s behalf Provisional or interim order: a temporary AVO, usually in force until the next court date Protected person: a person who is applying for an AVO or who has been granted an AVO by the court 3 Applying for an AVO To get an AVO you must usually show that you have a fear (based on reasonable grounds) of future violence, harassment, stalking or intimidation. There doesn’t need to have been actual violence, but past violence is often good evidence that there are grounds to fear future violence. There are two ways of applying, depending on your age and the type of AVO you are seeking. 3.1 Through the police An application for an AVO can be made through the police if: • The applicant is under 18; or • The applicant is over 18 and has an intellectual disability; or • It is a domestic violence situation and the applicant is seeking an ADVO; or • There are related criminal charges. In most cases, a police officer must make an AVO application on behalf of a person if the police officer suspects or believes that one of the following offences has recently been (or will be) committed: • a domestic violence offence; • an offence of stalking/intimidation with intent to cause fear of physical or mental harm; or • an offence of child abuse. In some cases the police may apply for an AVO on your behalf even if you do not want it. 3.2 Through the court An application for an AVO can be made directly with the court if the applicant is 16 or over. The application is made through the Chamber Registrar of a Local Court (or Children’s Court if the respondent is under 18).There is no fee,and the Chamber Registrar will assist with all the paperwork. Some courts have an appointment system to see the Chamber Registrar; at others, it is on a first-come first-served basis. To make an appointment, call your nearest Local Court (or Children’s Court if the respondent is under 18). Details of Local Courts are at www.lawlink.nsw.gov.au/lawlink/local_courts/ll_localcourts.nsf/pages/lc_index3.3 Which is the best way to apply: police or court? If you are under 16, the only way to apply for an AVO is through the police (unless an older family member such as a parent is applying to include you in their own AVO).