What is an AVO?

An Apprehended Violence Order can be ordered by a court which aims to protect a person, their family or property from assault, molestation, harassment, stalking, intimidation or related circumstances.

The court only needs to decide if the allegation of domestic violence is probable. You do not need to have necessarily committed a domestic violence offence to have an order made against you but the applicant must have reasonable fears that you will in the future.

There are two types of AVO:

ADVO: Apprehended Domestic Violence Order
This applies where there is or has been a domestic or intimate relationship between an alleged applicant and defendant

APVO: Apprehended Personal Violence Order
This applies where no domestic or intimate relationship has been established by the alleged victim and defendant e.g your neighbour.

AVO’s are subject to the Crimes (Domestic and Personal Violence) Act 2007

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Defending an AVO

If you wish to defend an AVO application lodged against you, then Talty Law can assist you in defending the allegations against you.

You will need to show the Court that:

1. the Applicant does not have a genuine fear that you will assault, molest, harass, threaten, stalk or otherwise interfere with them or their family; and
2. there are no reasonable grounds on which to base such fears.

Contravention of an AVO

If you commit an offence in breach of an AVO against you, it is likely that you will be sentenced to imprisonment. If you have been charged with a breach of a domestic violence order than you should seek legal advice as soon as possible. Depending on the circumstances of the incident which caused you to breach such order, you may have a defence that Talty Law can present to the court.

Applying for an ADVO or APVO

Generally, such orders are applied for through the police but you can also apply for an order with us privately. There are reasons why it could be beneficial for you to apply for an AVO through legal means, the primary reason being that police involvement can potentially lead to family relationship breakdown.

AVO’s are granted by the court to safeguard people in need of protection. If you are someone with genuine fear for their well-being or safety, Talty Law can help you through the process.

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