How do i put an avo on someone?

In New South Wales, an AVO refers to an Apprehended Violence Order, also known as a restraining order or a protection order. It is an order that is issued by a Court and will last for a set amount of time (that can be extended if needed).

The purpose of an AVO is to protect someone and prevent violence. This means you do not have to wait for the defendant in the AVO to commit a crime against you.

If the person you made an order against breaches the AVO, they can be charged with a criminal offence. As such, placing an AVO against someone is not a criminal charge and doesn’t go on their criminal record, but is intended as a means of protection.

There are two types of AVO:

1.  An Apprehended Domestic Violence Order (ADVO) is made when the defendant and the protected person(s) have some kind of close relationship, such as family members or people living in the same house – this includes roles such as paid carers, or partners.

2.  An Apprehended Personal Violence Order (APVO) is made in cases where the defendant and the protected person(s) are not related and have no domestic or intimate relationship. Examples include abuse from neighbours or a stalker.

When an AVO is made, three conditions will always be included. These conditions prohibit the following behaviour:

•    Assaulting, molesting, harassing, threatening or interfering with the protected person(s); •    Intimidating the protected person(s); and •    Stalking the protected person(s); Anyone in a domestic relationship with the protected person is also protected by these conditions. This may include children.

Extra conditions may be included in the AVO to prohibit additional behaviours, such as: •    Approaching the protected person(s); •    Approaching or entering places where the protected person(s) may live, work or go to; •    Approaching the protected person(s), or places where the protected person(s) may be after drinking alcohol or taking illegal drugs; •    Damaging property

You can apply to change the conditions of an AVO if there is a change of circumstances (e.g. add additional conditions). If you have children, these conditions will also protect them.   For legal advice you can trust, talk to our criminal law experts in Wollongong.

Although it is not a criminal charge, an Apprehended Violence Order is a court order and it must be obeyed.

Once an AVO is made if the defendant breaches the Order, they could be charged with a criminal offence.

It is important to keep a copy of your AVO with you at all times and call the police as soon as the defendant breaches any of the conditions on it.

There are two ways you can apply for an AVO:

1.  You can apply yourself, called a Private Application You can make a private application through your Local Court. You will need to attend Court and explain why you need to have an AVO made.

2.  The Police can make an application for you If you request an AVO through the police, the they police will be responsible for determining which AVO best suits your circumstances. The police will keep in touch about the Order and inform you when you need to attend court. A Police Prosecutor will represent you in Court.

For private applications, you do not need a lawyer and can represent yourself in Court. However, appearing in Court self-represented will require you to have an understanding of court submissions and hearing processes. If handled incorrectly, this could result in your application being dismissed. Representing yourself also means having to directly confront the person you are making the application against and questioning them in court.

For these reasons, working with criminal lawyers is the best option. Your lawyer can take care of the AVO application process for you.

DGB Lawyers have an expert team of criminal lawyers in Wollongong who can help you choose which AVO suits your circumstances, explaining how the process will work and what rights it provides, representing you in court and taking care of questioning the other person. They can also help to take care of the paperwork.

On hearing your case, the court can make an AVO if: •    The defendant consents to an AVO being made (a consent order); or •    After hearing evidence, the Magistrate is satisfied that there are fears for your safety and those fears are reasonable; or •    The defendant has been served (notified of the court date) but does not show up at court

A consent order is when the defendant consents to the AVO being made. This does not count as an admission of doing anything wrong, but makes the process straightforward and allows your order to be made on the same day.

If the defendant does not consent to the order, your case will usually be adjourned for a short period. The Magistrate will then review your case and make a decision about whether there are grounds to make the Order. Generally, you may be asked to supply written statements to the court by a set date.

Because this period entails some waiting, it is important to ask the court for an Interim (temporary) Apprehended Violence Order to protect you until the final hearing.

The hearing will be based on the evidence provided in the statements you were asked to supply. In some cases, the court also allows additional evidence.  Contact DGB Lawyers in Wollongong to represent you in court and assist you in the areas of Criminal Law, assaults, DUI, AVO etc.

DGB Lawyers can also help you defend in the areas of Criminal law like AVO. If you have been served with an AVO and you need information and advice about your rights and options, our criminal lawyers in Wollongong can help you with this process.

An intervention order can have conditions to stop the respondent from:

You can apply for an intervention order against a person if they’ve done any of the following, and are likely to do it again:

You can get an intervention order even if there has been no physical violence.

The intervention order can also be used to protect your children or other family members.

It is a good idea to take someone with you when you apply for an intervention order. They can help you tell your story clearly and help you remember what you are told.

The Magistrates’ Court of Victoria website has information about what you need to do to apply for an intervention order:

You can find your nearest Magistrates’ Court (External link)by searching on their website.

AVO, which stands for Apprehended Violence Order, is a term that is often used in divorce and family law cases. An Apprehended Violence Order is a type of court order which is made against a person (known as the defendant) usually a current or former partner, who makes you fear for your safety.

The function of an Apprehended Violence Order is to protect you from further harassment, intimidation or further violence.

An important aspect of knowing how to get an AVO on someone is understanding the types of AVOs and checking which type will apply to your particular case. There are two types of AVOs, which are: –

To know how to get an AVO on someone, it is also essential to check whether you can apply for it. You can get an AVO on someone, if: –

You must consider getting an AVO in cases where: –

Once you get an AVO on someone, there are certain conditions listed, which prohibit certain behaviour. The three main types of behaviour that are strictly prohibited include: –

In some cases, certain additional conditions will be included, which prohibit additional behaviours, including: –

In cases where children are involved, these conditions can be altered to include the maximum protection for children. For instance, an AVO may state that approaching or entering a place which is often visited by the child (school, playground, daycare etc.) is prohibited.

There are two ways through which you can get an AVO on someone.

To get an AVO, you need to show that there are reasonable grounds to fear the defendant. If you are in immediate danger, you should call the police, and in cases of domestic violence, the police may apply for a provisional AVO on your behalf.

To make a police application you may either:

1. Provide A Statement

In making a police application, you need to provide a statement which includes as much information as possible.

This includes the full name of the person you want protection from, the address of the defendant, the date of birth of the defendant, the relationship you share, and other relevant information.

2. Sign The Statement

After the statement has been provided by you, you need to sign the statement, after which the police will give you a copy of the statement.

3. Police Serve The Application

The police officer is required to serve the application to the defendant. The application will contain information about the date on which the defendant is supposed to attend the court.

4. Go to court

You are required to attend the court on the same date and at the same time specified on the application served to the defendant.

A Domestic Violence Liaison Officer (DVLO) will help you through the court AVO processes, and to get proper victim support.

Alternatively, you can apply for an AVO without the help of police, by making a private court application at your local court.

You will need to go to the nearest local court, and find out if they have a kit or form which you can fill for getting an AVO. In some courts, you may need to make an appointment with the registrar, who can then help you out with your application.

2. Fill the forms/ meet the registrar

In this step you need to provide as much detailed information as possible. This information includes things like details of the defendant, including full name, address, date of birth, etc.

3. Sign the application

Similar to the police method, you will need to sign the application to show that all the information that has been provided by you is accurate.

4. Serve the application

Once the application is complete, it must be served to the defendant. AVO applications can be served either by a police offer, or a court-appointed person.

5. Go to court

Much like the final step in the police method of getting an AVO on someone, both you and the defendant must attend the court on a specified date, and at a specified time.

Having understood how to get an AVO on someone, you might realise that the process can be a bit lengthy. With the stress that you must be going through because of the incident that has caused fear in your mind, it is ideal that you try and simplify all the procedures around getting an AVO against someone.

One way to do so is to seek the guidance of an experienced solicitor. At JB Solicitors, the experienced and friendly lawyers can help you with all matters concerning domestic or personal violence.

We value all our clients, and consider the safety of our clients as the most important aspect when dealing with any case. You can rest assured that our lawyers will handle each procedure for you with utmost dedication, and compassion.

You can make a private application through your Local Court. You will need to attend Court and explain why you need to have an AVO made. If you request an AVO through the police, the they police will be responsible for determining which AVO best suits your circumstances.