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Difference Between an AVO and an ADVO


Apprehended Violence Order AVO Infographic

Apprehended Violence Order AVO Infographic

Apprehended Violence Order AVO Infographic

This article sheds some light on the differences between an AVO and ADVO as well as give some insight on what you can do if someone is threatening your safety.

SYDNEY, NSW, AUSTRALIA, June 30, 2021 / -- Australia has high domestic violence rates, with reporting that approximately 34.2% of Australian women saying they had experienced domestic violence since the age of 15. Rates of violence are 2-5 times higher in Aboriginal or Torres Strait Islander families according to the Better Health Channel in Victoria.

Hopefully this article can shed some light on the differences between an AVO and an ADVO as well as give some insight on what you can do if someone is threatening your safety.

When you’re in an intimate relationship with someone who is threatening your safety you may feel as if you can’t do anything, but you can.

You can report the incident to the police and take out a Court Order commonly referred to as an AVO. You do not have to have been physically harmed for the Court to consider your request for an AVO. If you feel as though you are in danger then the Court may still agree to make the Order if they have reasonable reason to believe that you are in danger.

This article will discuss the different types of AVOs and how you can get one made if you are worried about your safety. It will also talk about the impact of an AVO and how long they last for.

What is an AVO (Apprehended Violence Order)?

An Apprehended Violence Order (AVO) is made by a Court, generally the Local Court when you have experienced violence and are concerned about your safety and want protection from further threats or violence.

After the Court has made an AVO, the person who you’ve taken the AVO out against isn’t allowed to stalk, harass or intimidate you. There may be other conditions attached to the AVO such as not drinking alcohol or carrying weapons depending on the conditions in which it was taken out.

If someone is trying to take an AVO (Apprehended Violence Order out against you then you need to know that it’s not a criminal offence so it won’t appear on your criminal record. You also should keep in mind that AVOs generally last for 12 months and you will be subject to certain conditions for the lifetime of the AVO. Breaching the conditions may result in a Court appearance and being convicted of a criminal offence.

What is an ADVO (Apprehended Domestic Violence Order)?

When the Court makes an ADVO you cannot contact the person who took out the ADVO. This type of Order can be made when you are in an intimate or domestic relationship with someone.

If you’re Aboriginal or Torres Strait Islander then an ADVO can be made against your kin or extended family for example your cousin, aunt, uncle, grandfather, grandmother, grandson or granddaughter.

An AVO or an ADVO will be issued when the Court decides that you (the applicant) has reasonable grounds to fear for your safety or is in danger of experiencing further violence and it is in your best interests for an AVO to be issued.

What is an APVO (Apprehended Personal Violence Order)?

An APVO (Apprehended Personal Violence Order) is an Order made by a Court that prevents an a certain person having any type of contact with you.

How Does an Apprehended Violence Order (AVO) Work?

An AVO offers AVO legal protection to you if you are worried for your safety either because you have previously been physically assaulted, or because you have been threatened.

When the Local Court has made the AVO you must not make contact with the person who took out the AVO against you unless it is through your lawyer.

All police AVOs come with standard conditions that you aren’t allowed to assault or threaten the person, you can’t stalk, intimidate or harass them and you must not destroy any of their personal belongings.

In some cases the AVO will come with other conditions.

An AVO is enforceable as soon as the Court has made the Apprehended Violence Order (AVO) or Apprehended Domestic Violence Order (ADVO).

If you breach your AVO then you will need to get legal advice because criminal charges could be laid against you which could restrict your ability to get certain jobs.

If you had an AVO taken out against someone and they have since threatened you then you need to report the incident to the police as soon as you can so that criminal charges can be laid and to ensure your safety.

If you’re reading all this and worried for your safety then the first step to ensuring your safety is to apply to report the incident to your local Police Station who can apply for an AVO on your behalf. You can also apply for an AVO yourself.

How Do I Apply For An AVO or ADVO?

If you would like to make an application for an AVO there are certain processes that must be followed before the Court can make an AVO or ADVO.

You should report any incidents against family members or another individual to the police. The police will take a statement from you and consider all the circumstances. You will need to give them detailed information so they can assess the application. Additional information will need to be supplied if you are applying for an ADVO. Details of the required information can be found on the Law Access NSW website.

When you have given the police all the information that they need to assess your application for an AVO you will need to sign the statement. Before you sign the statement, check that all the information that you’ve given is correct and true because if it is not then you could be charged with a criminal offence of giving false or misleading information.

Read the Full Guide Here or speak to a Family Lawyers in Sydney for more help.

Dominic Nguyen
Unified Lawyers
+61 415 741 444
email us here
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