Apprehended Violence Orders (AVOs) are an important tool in helping to prevent crime. If you are being physically or sexually harmed, or if you are being harassed or stalked, an AVO is a quick and flexible tool to protect you from harm.
There are two types of AVOs. One covers domestic violence situations ("apprehended domestic violence orders") – relevant where the person lives with you. The other ("apprehended personal violence orders") covers other situations.
An AVO usually states that the person covered by the order cannot assault, harass, threaten, stalk or intimidate you. The order may also require the person to stay a certain distance away from your home or workplace. The court may include additional prohibitions specific to each case.
While past conduct is central to determining whether an apprehended violence order will be granted, the point of an AVO is to protect a person from future harm rather than punish an offender for violence, harassment or intimidation that has already occurred.
Police are required to seek an AVO on the victim’s behalf where the victim is less than 16 years of age or in certain domestic violence situations. But you can also apply for an AVO yourself.
AVOs are made by the local court. In some cases the defendant consents to the making of an AVO. In such cases the order can be granted with a minimum of formality. However, if the AVO application is defended, it will be necessary to call evidence and possibly cross examine the defendant in order to prove that the court should make the order. In such situations you will need to get legal representation to help you make your case.
Lyons and Lyons can help you to obtain an AVO. We will take over the running of the action and provide you with support to minimise the distress involved in confronting the person who is attacking or harassing you.
Once an AVO is granted, it is a criminal act to breach the terms of the order. If the order is breached you should contact the police immediately. The police will then prosecute the offender. They will provide their own legal representation, so you do not need to retain your own lawyer to enforce an AVO.
The other situation in which Lyons and Lyons provide representation in relation to AVO matters is to help people defend AVO applications or in relation to AVO breaches.
If someone applies for an AVO against you, you need to be aware that this can have some negative effects on you.
Most obviously the AVO will affect your freedom, because you will have to comply with its terms. If you breach the terms (even with the permission of the person who sought the order) you will be guilty of a criminal offence punishable by two years imprisonment. It can be difficult to get bail if you are arrested for breach of an AVO.
But an AVO has other effects. While it is not the same as a criminal conviction, the AVO sits on a police data base. If you own a firearm you must give it to the police. Your firearms licence will be revoked and you will not be entitled to another on for 10 years. An AVO may affect your eligibility to work as a security officer and may be taken into account in family law proceedings.
As such, an AVO is not something to be taken lightly. Lyons and Lyons can help you to assess whether you can make a case against the grant of an AVO and if so, can represent you in AVO proceedings.
If you need to apply for an AVO or if you need a lawyer to represent you in AVO proceedings please call Lyons and Lyons on 02 9387 7699 to arrange a free no obligation initial consultation with one of our criminal law solicitors.