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Apprehended Violence
Orders

What is an AVO

An Apprehended Violence Order (AVO) is a court order, typically initiated by police on behalf of a protected person, referred to as the PINOP (Person in Need of Protection), to protect that individual from potential harm.
An AVO is designed to protect the PINOP from harassment, intimidation, violence, stalking, or property damage by another person (the defendant) who has caused them to fear for their safety.
Importantly, AVO proceedings are civil in nature, not criminal. This distinction has significant legal implications and will be explored further throughout this article.

Types of Apprehended Violence Orders

1. Apprehended Domestic Violence Orders (ADVOs) – These are issued to protect a person from domestic violence involving someone with whom they share a domestic relationship, such as a spouse, former partner, family member, or cohabitant.

2. Apprehended Personal Violence Orders (APVOs) – These are intended to protect a person from violence, intimidation, or harassment by someone outside a domestic relationship, such as a neighbour, co-worker, or acquaintance.

The key factor in determining which type of AVO applies is the nature of the relationship between the PINOP (Person in Need of Protection) and the defendant.

Who can Apply for an AVO

An application for an AVO can be made either by the person seeking protection or by a police officer on their behalf. Usually, applications are initiated by police to particularly in situations where they believe a Person in Need of Protection (PINOP) is at risk and requires immediate legal safeguards.

How Long Does an AVO Last

The duration of an Apprehended Violence Order (AVO) is determined by the Court and will generally last for as long as necessary to ensure the protection and safety of the person in need of protection.

Typically, the Court will specify the length of the order. However, if no duration is stated, a default period of two years will apply, as set out in legislation.

In practice, AVOs usually remain in effect for a period ranging from six months to two years, depending on the circumstances of the case.

Will I receive a criminal record if I have an AVO taken against me?

No, AVOs are civil in nature and will not appear on a person’s criminal record. However, contraventions of AVOs are criminal offences and can carry a jail term.

Why does my AVO have conditions?

AVOs will always have one or more condition that the defendant must comply with. Those conditions are designed to ensure the protection of the PINOP.

Mandatory conditions preclude the defendant from:

Assaulting, threatening, molesting, harassing, or interfering with the protected person.
Stalking or intimidating the protected person; and
Intentionally or recklessly destroying or damaging any property belonging to the protected person.

The court can impose a number of additional conditions including but not limited to:

A condition preventing you from going within a certain distance of the PINOPS residence, place of work, or place of study.
A condition preventing you from contacting the PINOP.
A condition preventing you from contacting the PINOP within a certain period of you consuming alcohol.

Can I Change my conditions?

Yes, it is possible to vary the conditions of an Apprehended Violence Order (AVO). A variation can be made to add, remove, or amend any existing conditions of the order.

An application to vary an AVO can be brought by the defendant, the police, or the protected person.

Variations are often sought in situations where the AVO prohibits the defendant from having contact with or residing with the protected person, even though both parties wish to live together. In such cases, a successful variation can allow the defendant to return home and may also permit contact with children, depending on

Should I consent to an AVO

It is important to consider the effects of an AVO on ones life prior to making a decision.

An Apprehended Violence Order (AVO) can impact employment prospects in several ways including employment and family court proceedings.

1. Working With Children Check:

If you apply for a position that involves working with children, the employer is legally required to conduct a Working With Children Check. This screening process will reveal any final AVO made for the protection of a child.

As a result, if you are planning a career that involves contact with children—such as teaching, childcare, coaching, or youth services—an AVO on your record may limit or disqualify you from employment in that field.

It’s important to note that even voluntary roles involving children may require this check, meaning that the consequences of an AVO can extend beyond paid employment.

2. Fireams Licence Restrictions:

A person who is the subject of an AVO is prohibited from holding a firearms licence while the order is in force, and for a period of 10 years after it ends. This restriction can significantly impact employment in fields that require the use of firearms—for example, the security industry, law enforcement, or agricultural work involving firearm use (such as pest control on farms) child.

3. Security Industry Licensing:

Even if your role in the security industry does not involve firearms, your security licence may still be at risk. The Commissioner of Police has the discretion to cancel or refuse a licence if you are not considered a "fit and proper person" to hold one. The existence of an AVO may raise concerns about your character or suitability, potentially resulting in the suspension or loss of your licence.

4. Family Law Proceedings:

An Apprehended Violence Order (AVO) can have a significant impact on ongoing family law proceedings, particularly in matters involving parenting orders. When
applying for parenting orders, any allegations of family violence—including those that led to the issuance of an AVO—must be disclosed to the Family Court.

The Court will take into account the circumstances and allegations that formed the basis of the AVO when considering what parenting arrangements are in the best interests of the child. This is because the Court must be satisfied that any orders made will not compromise the safety or well being of the child or any other family member.

What if I breach an AVO

Breaching an AVO is a criminal offence and carries a maximum penalty of 2 years’ imprisonment. Courts consider breaches to be inherently serious because they
involve a disregard to court orders. If a breach involves violence, then the penalty will be more severe.

FAQ

Can you fight an AVO?

You can fight an AVO. This is done by defending it, also known as a ‘show cause hearing’ in court. This means the other side (applicant) is required to show cause why an AVO should be imposed against the defendant. The defendant can then defend it by showing reasons why an AVO should not be imposed.

What are grounds for an AVO?

The following grounds for an AVO must be satisfied in order for a court to impose a final AVO against a defendant:

There are reasonable grounds for the ‘protected person’ to fear while he/she actually fears conduct from the defendant amounting to domestic violence, intimidation or stalking; and
The conditions of the AVO are necessary for the protected person’s safety and protection.

Is AVO a criminal record?

An AVO is not a criminal record. Breaching one can result in one if you get charged and convicted for breach of AVO charge(s).

Is an AVO serious?

An AVO is taken seriously by police and courts. It is easier to get out a temporary AVO against someone than it is to successfully get a final AVO against someone in court. An AVO is not criminal in nature, it will turn into criminal proceedings if AVO conditions are breached. Breach of AVO is taken very seriously.

AVO itself can have certain consequences to getting a working with children check clearance, firearms licence and tenancy agreements.

Do I need a lawyer for an AVO?

It’s highly recommended to get experienced advice, guidance and representation for an AVO, especially when attending court. This is mainly because of the serious possible consequences of having an AVO against you.

We can talk to you about any questions you have on this. Our friendly AVO lawyers provide a free first consult and fixed fees for AVO cases. We also have achieved a proven track record of outstanding results in AVOs for over two decades. We’re experts and we’re here to help.

Can police take out an AVO?

Police can and usually do take out AVOs on behalf of the complainant. Section 49 of the legislation requires them to apply for an AVO in certain circumstances.

The police are able to immediately take out an enforceable provisional AVO on the spot at the police station. This then becomes a temporary AVO purporting to protect the PINOP at least until the court decides on the case.

Our lawyers who specialise in AVOs can conduct all communications and represent your best interests in police AVOs. Police AVOs usually also involve criminal charge(s). Our team specialise in all criminal charges. Call us to discuss, we’re happy to help over a free consult.

What are the rules of an AVO?

There are lots of rules of an AVO that you must be aware of if you’re faced with one. You must be aware of what the AVO conditions mean, consequences of breaching them, how to get an AVO, how long an AVO lasts for at every stage of the AVO process from provisional AVO, interim AVO and final AVO, and what factors the court must be satisfied of in order to make a final AVO in court.

We can talk to you about this in an easy to understand and simple way. Call our 24/7 hotline today for a free consult to get a case appraisal and fixed fee quote.