Apprehended Domestic Violence Orders (ADVO/AVO)
An AVO is a court order to protect a person from violence, abuse or threats by another person. The AVO will have certain conditions on the order, depending on the grounds for the AVO, putting restrictions on the other person’s behaviour so you will be able to have police protection should he not abide by the AVO. An AVO is a civil order, unless the defendant breaches one of the conditions of the AVO which will then constitute a breach and he will be arrested charged.
The police will apply for an AVO when they have received a report of domestic violence or have attended a domestic violence incident where they believe you are at threat and in need protection. Police are mandated to apply for an AVO if they believe a person is at threat, an AVO is enforceable Australia wide and are put in place for a minimum of two years.
An AVO is an order to protect victims of domestic violence when they are fearful of future violence or threats to their safety. An AVO puts restrictions on the other person’s behaviour so that you are able to gain police protection should the AVO be breached by the abuser. An AVO does not necessarily mean that you cannot continue to live together, unless there is a condition on the AVO stating that the abuser is not allowed to approach or contact you or and exclusion order stating he cannot reside at your address.
The police are there to help you and your children and make you as safe as possible. Depending on what’s happened, the person who has been violent may be charged and taken to the police station. Police can make a Provisional AVO, you will be asked to come to court and it is very important you attend court so we can make sure your AVO is strong enough to protect you. Your AVO will remain an interim order which is enforceable during the entire court process until a final order is made by the Magistrate.
Even after an AVO is made a final order it can be varied to suit your circumstances. If the abuser has breached the AVO and you have reported it to police you may have grounds to apply to have the AVO made stronger or extended for a longer period before it expires.
Monaro Hume WDVCAS will be there to support you at court and make sure you have a safe place to wait, give you information to help you understand what is happening, and work with you to get an order that best suits your situation. We can keep you informed about the progress of your case, including any upcoming dates when you need to attend court.