Apprehended Violence Orders (AVO, ADVO, and FVO)
An Apprehended Violence Order (AVO), Apprehended Domestic Violence Order (ADVO), and Family Violence Order (FVO) are legal tools used to protect individuals from violence, harassment, intimidation, or stalking in both domestic and non-domestic violent situations.
Understanding AVO, ADVO, and FVO
AVOs, ADVOs, and FVOs are all designed to protect individuals from harm, but they may apply in different circumstances. Here’s what you need to know:
- AVO vs. ADVO vs. FVO: While AVOs cover all forms of violence, ADVOs and FVOs are specifically aimed at protecting individuals from domestic violence. The terms ADVO and FVO are often used interchangeably, with FVOs being a variation of ADVOs within family violence contexts.
- Police Involvement: Police-issued AVOs or FVOs are typically made when there are serious concerns for a person’s safety, even if they do not want an order. Private applications for AVOs and ADVOs can be made by the person seeking protection.
- Misuse of Orders: AVOs and ADVOs may be misused in situations like family disputes, retaliation, or visa applications, which can complicate legal proceedings.
If you are facing an AVO, ADVO, or FVO charge or need legal assistance in these matters, Brightstone Defence Criminal Lawyers are here to provide professional legal guidance and protect your rights.
An AVO is issued under the Criminal Procedure Act 1986 (NSW), Section 5, to prevent harm caused by violence, harassment, or intimidation. This includes Apprehended Domestic Violence Orders (ADVOs) and Family Violence Orders (FVOs), which focus on domestic and family violence situations. Police AVOs are issued by law enforcement when there’s a serious concern for an individual’s safety, while Private AVOs or ADVOs/FVOs can be requested by the individual needing protection.
Elements the Prosecution Must Prove
To secure an AVO, ADVO, or FVO, the prosecution must establish:
- Risk of harm: A credible threat of violence, harassment, or intimidation.
- Need for protection: The applicant requires protection from further harm.
- Breach of peace: The AVO, ADVO, or FVO must be justified by a risk to the person’s safety or the community.
Possible Defences
Possible defences against AVOs, ADVOs, or FVOs include:
- False accusations: Disputing the validity of the allegations and proving the order is based on inaccurate information.
- No credible threat: Arguing that there is no legitimate threat to justify the order.
- Mutual agreement: In some cases, both parties may agree to terms, undermining the need for an order.
Potential Penalties
- Breach of AVO, ADVO, or FVO: Breaching any of these orders can lead to serious consequences, including criminal charges, fines, or imprisonment.
- Contempt of court: A breach can result in contempt charges, with severe penalties for violating court orders.
Legal Process
& Options
The legal process for AVOs, ADVOs, and FVOs generally begins with the application being made in court. Depending on whether you accept or dispute the order.
Pleading
Not Guilty
Disputing the Order
If you believe the order is unjustified, you can contest it. In such cases, a hearing will take place where evidence and witnesses will be presented. The court will then decide whether the order should be granted or dismissed.
Pleading
Guilty
Accepting the Order
If you do not dispute the order, the court may issue the AVO, ADVO, or FVO after a brief hearing. The order will include conditions designed to protect the individual seeking protection. By accepting the order, you agree to comply with the conditions set by the court.
Frequently Asked Questions
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