Apprehended Violence Orders (AVOs) and Apprehended Domestic Violence Orders (ADVOs) serve as crucial measures employed by authorities to safeguard individuals vulnerable to violence from others. The RMB Criminal Law Division provides an insight into the operational mechanics of this system:
Apprehended Violence Orders (AVOs) and Apprehended Domestic Violence Orders (ADVOs) serve as crucial measures employed by authorities to safeguard individuals vulnerable to violence from others. The RMB Criminal Law Division provides an insight into the operational mechanics of this system:
Filing for either an Apprehended Violence Order (AVO) or an Apprehended Domestic Violence Order (ADVO) empowers courts to issue directives aimed at shielding individuals from acts of violence, intimidation, and stalking perpetrated by others.
These orders were instituted to offer expedited and cost-effective protection against violence.
To initiate the process for obtaining an AVO or ADVO, individuals who have endured violence or perceive a threat from their partner or another party must visit a police station to report the incident. Subsequently, the police will initiate a court application on their behalf.
The issuance of an AVO or ADVO mandate necessitates serving notice to the accused perpetrator of the violence or threat (now designated as the defendant). This notice includes a court appearance date for the defendant, alongside the stipulations of the AVO or ADVO.
In anticipation of the initial court appearance, the prosecution is obliged to furnish the defendant or their legal representative with a brief outlining the alleged incidents, a copy of the victim’s statement, and any relevant video or photographic evidence.
During the scheduled court appearance, the defendant can either “accept” the proposed or “contest” the proposed order.
Should the defendant accept the proposed order, the magistrate will determine the terms of the AVO or ADVO, including its duration which the defendant must adhere to.
Alternatively, if the defendant contests the order, the matter will proceed to an interim hearing, necessitating the submission of any evidence the defendant intends to rely upon to support that the order should not be made.
At the hearing, both the prosecution and the defendant present their arguments (also referred to as submissions) regarding the validity or dismissal of the AVO or ADVO. Following the hearing, the magistrate renders a decision on whether to issue the AVO or ADVO or dismiss the application.
Breaching an AVO or AVDO has serious consequences. Courts have the power to impose fines up $5,500 and/or prison terms of up to two years for people convicted of breaching the orders. If you have any futher information about AVO's, your first step should be to contact our office to arrange a free consultation. You can contact us by by phone or our 'Ask a Question' tool on our website.