Apprehended Violence Orders (AVOs) – How do I obtain an AVO?
If you experience violence, or even if you fear violence, in a domestic or family relationship,
you can apply for an Apprehended Violence Order (AVO) to help stop or prevent that violence.
These orders can be obtained urgently. The police may also press charges against the
person who is being violent. Each Australian state and territory has its
own laws regarding AVOs, and the actual name of the orders varies between states. While
many people call the orders AVOs, only New South Wales formally describes them this way.
In South Australia and Victoria they are called Intervention Orders, in Queensland they are
Domestic Violence Protection Orders, in Western Australia they are Restraining Orders, in
Tasmania they are Family Violence Orders and in the Northern Territory and ACT they are
Domestic Violence Orders. While the names differ, the processes in each
state are similar. An AVO made in any state or territory of Australia can be registered
for enforcement in any other state or territory if the need arises.
You may be able to apply for another type of AVO for your protection if you are afraid
of a person with whom you are not in a domestic or family relationship.
Who can apply for an AVO? You can apply for an AVO if you are experiencing
violence in a domestic or a family relationship. Depending on your state or territory, this
may include: an intimate personal relationship, such
as husband and wife, boyfriend and girlfriend, or de facto or same sex partners
a family relationship, such as a sibling or parent
an informal care relationship where a person depends on another for help in their
day-to-day activities, or if you are Aboriginal or a Torres Strait
Islander, a member of your kin or extended family.
What is domestic or family violence? Domestic or family violence can include:
sexual or physical abuse psychological or emotional abuse
economic abuse stalking, intimidation or harassment
social abuse, where a person isolates you from family and friends, or where they
control what you do and where you go, and spiritual abuse, where a person does not
allow you to have your own opinions about religion or cultural beliefs and values.
What is an AVO? An AVO is usually made by a court, but in
some instances the police can make an order. In both cases, the orders are made with conditions
designed to protect you from future abuse. An AVO must be made for a fixed period of
time. Over that period, the behaviour of the violent person will be restricted. They may
be required to leave your home or not come near your home or workplace.
In some states, a violent person who is the subject of an AVO can’t own a weapon or
have a weapons licence. It may be possible to have their name removed from a lease.
If there are Family Law Orders in place for custody of, or contact with, a child or children,
the AVO must take into consideration the terms of those Orders.
The process for an AVO If you or anyone else is in immediate danger,
call 000 straight away. Otherwise, contact the police and report the
violent behaviour. They will be able to give you advice and may be able to make the application
on your behalf. If you are fearful of immediate harm, you
can apply for an urgent or interim AVO to protect you until your application is heard.
If not, you can apply for an order at a Magistrates Court or Local Court, or in some states you
may be able to get a lawyer or someone you trust to apply for you. You can usually include
your children in the order. It’s a good idea to get legal advice.
When you’ve made an application for an AVO, you’ll be given a court date. At court,
the person against whom you are seeking the order (the violent person) can either agree
to the order, oppose it, or ask for another court date so they can seek legal advice.
Breach of an AVO If the person against whom an AVO is made
(the violent person) breaches a term of the order, you should ring the police. Breaching
an AVO is a criminal offence in every state and territory. They may also have committed
other offences while breaching the order, like assault or property damage.
Legislation Each state and territory has its own legislation
relating to AVOs. In the ACT, the Domestic Violence and Protection
Orders Act 2008 applies. In the Northern Territory, it is the Domestic and Family Violence Act,
while in New South Wales, it is the Crimes (Domestic & Personal Violence) Act 2007. The
relevant legislation in Queensland is the Domestic and Family Violence Protection Act
2012, and in South Australia, it is the Intervention Orders (Prevention of Abuse) Act 2009. Tasmania
has the Family Violence Act 2004; Victoria has the Family Violence Protection Act 2008;
and Western Australia has the Restraining Orders Act 1997.
What to do next If you or someone you know is dealing with
a family or domestic violence concern it is important to obtain legal advice quickly.
Go To Court Lawyers operate a Legal Hotline on 1300 636 846 where you can talk directly
to a lawyer 7am - midnight, 7 days/week. Your call will be treated with the strictest confidentiality
and without judgement.
The lawyer will assess your matter and recommend a course of action.
Should you need a Court lawyer, even if it is at very short notice, the Legal Hotline
staff will be able to arrange legal representation for you. You can also request a call back
via the website gotocourt.com.au and a lawyer will call you back to assess your matter.