What is an AVO?
An Apprehended Violence Order (AVO) is a court order issued for the protection of a person who believes that their life or safety is in danger.
What are the types of AVO’s?
There are two types of AVO issued by the court that would depend on the allegations of the AVO applicant, these are:
- Apprehended Domestic Violence Orders (ADVO) are issued if there is a domestic relationship between the applicant and the person against whom the AVO is sought; and
- Apprehended Personal Violence Orders are issued if there is no domestic relationship involved.
What do I do if I have been served with an AVO?
Seek legal advice! It is very important to contact Orr Legal for the best advice before consenting to an AVO. The advantages and disadvantages of consenting to an AVO must be considered.
Before you decide on a course of action it is best to get advice and make sure you understand the consequences.
What does ‘Consent Without Admissions’ mean?
An AVO can be granted if both the respondent and the protected person consent to the order being made. You can consent to an AVO without admitting the things that are alleged against you.
When the party against whom an AVO is sought consents to the AVO it does not mean you are making an admission of the allegations of the applicant.
If I consent, will I have a record?
An AVO is not a conviction. If you consent to the AVO you will not have a criminal record. However, there are serious legal consequences which you must seriously consider before consenting to an AVO.
Advantages to consenting without admission
The benefit of having orders made by consent is that there is no hearing. This reduces costs, time and the inconvenience of giving evidence.
By consenting to an AVO the parties no longer have to go through a court hearing. Consenting to an AVO will also save on legal costs.
What if there is a breach?
It is important to carefully consider the consequences of an AVO being made. If an order is made, and you are then accused of breaching it, you could be charged with a criminal offence.
If a breach is found, then could face criminally charges.
The penalty for a breach of an AVO is imprisonment of up to two years and payment of fine.
I own firearms, what happens to my firearms?
If you own firearms you will have to surrender all firearms to the police. You cannot have a firearm license for the duration of the AVO and ten years after.
Will an AVO affect my employment?
An AVO might also affect those whose employment is related to children.
Employers often conduct routine checks on job applicants and a final AVO for the protection of children could come up during their search.
Can the AVO be revoked?
Sometimes the parties seek to end the AVO and feel it is no longer needed. Even so, an AVO that is already in place can only be revoked by court order.
You may be held liable for breach even if you were invited by the protected person or the protected person contacts you and you engage. Either party can apply to the court to revoke and/or vary the AVO.
If you would like more information about an AVO or taking out an AVO, contact us at Orr Legal for the best advice.