Apprehended Violence Orders (AVOs) play a vital role in protecting individuals in New South Wales (NSW) from violence, intimidation, or harassment. AVOs are court orders that impose restrictions on a person (the defendant) to protect another person (the protected person) from potential harm. In NSW, there are two primary types of AVOs: Apprehended Domestic Violence Orders (ADVOs) and Apprehended Personal Violence Orders (APVOs). Both orders serve to prevent acts of violence, but the nature of the relationship between the parties involved distinguishes the two.
ADVOs apply in situations where there is a domestic relationship between the parties, such as a spouse, partner, family member, or someone in a caregiving role. On the other hand, APVOs are designed for individuals who do not have a domestic relationship but still require protection from violence or harassment, such as neighbors, work colleagues, or acquaintances.
This article provides a detailed look into the conditions associated with AVOs in NSW, explaining the mandatory and additional conditions that can be imposed, as well as the legal implications of breaching these orders.
Types of AVOs: ADVOs vs. APVOs
Before diving into the specific conditions of AVOs, it’s essential to distinguish between the two main categories:
Apprehended Domestic Violence Orders (ADVOs): These orders apply when there is a domestic relationship between the defendant and the protected person. This can include current or former partners, family members, or individuals with whom the protected person shares a caregiving relationship.
Apprehended Personal Violence Orders (APVOs): APVOs are issued when there is no domestic relationship. They are typically sought in situations involving neighbors, co-workers, or acquaintances.
The Stages of AVO Proceedings
The process of obtaining an AVO can progress through several stages:
- Provisional AVO: This is a temporary order issued by police in urgent situations. It provides immediate protection for the victim before the case reaches court.
- Interim AVO: After the provisional stage, an interim AVO may be granted by the court as the matter moves through the legal process.
- Final AVO: This is the final order issued at the conclusion of the proceedings. It can be granted by consent (often without the defendant admitting any wrongdoing) or following a court hearing.
Conditions of AVOs
Every AVO, whether it is an ADVO or an APVO, includes mandatory conditions aimed at protecting the safety of the individual in need. Additional conditions may be added based on the specific circumstances of the case. Let’s explore these conditions in more detail.
Mandatory Conditions
The mandatory condition, referred to as “Orders about behaviour,” is a standard part of every AVO. This condition states that the defendant must not:
- Assault or threaten the protected person.
- Stalk, harass, or intimidate the protected person.
- Intentionally or recklessly damage any property or harm an animal belonging to the protected person.
These conditions reinforce existing laws, making it clear that any form of violent or threatening behavior is strictly prohibited. Violating this condition can result in criminal charges for both the breach of the AVO and the specific conduct involved.
Additional Conditions
Additional conditions can be added to an AVO to provide further protection, depending on the circumstances of the case. These conditions generally fall into four categories:
a) Contact Restrictions
Several conditions may limit the defendant’s ability to contact the protected person:
- No direct contact: The defendant is prohibited from approaching or contacting the protected person unless through a lawyer.
- Restrictions on approaching specific locations: This includes prohibitions on approaching places where the protected person works, studies, or attends childcare.
- Restrictions on contact after consuming alcohol or drugs: The defendant is restricted from approaching the protected person within 12 hours of consuming alcohol or illicit drugs.
- No attempts to locate: The defendant must not try to find or inquire about the protected person’s whereabouts, even through family or friends.
b) Family Law and Parenting Orders
In cases where the defendant and protected person share children, additional conditions can be imposed to regulate contact related to parenting responsibilities:
- Contact through legal avenues: Any contact between the defendant and protected person must be made through a lawyer, except when attending court-approved counseling, mediation, or addressing child custody matters.
- Court-ordered contact for children: The defendant may be permitted to have contact with the protected person if it is necessary for co-parenting arrangements, as ordered by a court.
c) Movement Restrictions
Conditions may also be imposed that limit the defendant’s movements to ensure the safety of the protected person:
- No living together: The defendant is prohibited from living at the same address as the protected person.
- Restricted entry to specific locations: The defendant is restricted from entering certain places where the protected person lives, works, or regularly visits.
- Distance restrictions: AVOs can specify that the defendant must maintain a certain distance (e.g., 100 meters) from the protected person’s home, workplace, or other locations.
d) Firearm and Weapon Restrictions
In many cases, AVOs will include conditions that prohibit the defendant from possessing firearms or prohibited weapons. This condition is particularly relevant in situations where the defendant has a history of violence or a potential risk of using weapons.
Consequences of Breaching an AVO
Breaching an AVO is a serious criminal offense under section 14 of the Crimes (Domestic and Personal) Violence Act 2007. The maximum penalty for contravening an AVO is two years in prison, as well as potential fines. Even if the defendant does not agree with the grounds of the AVO, it is crucial to adhere to its conditions to avoid legal consequences.
Negotiating AVO Conditions
It is important to note that AVO conditions can be negotiated in some cases. Defendants may agree to the terms of an AVO “without admissions,” meaning they do not admit to any wrongdoing but accept the conditions to avoid further legal proceedings. Additionally, some private AVOs can be resolved through negotiations, leading to undertakings or agreements to avoid certain behaviors, although these undertakings do not carry the same legal weight as an AVO.
AVOs and Criminal Convictions
There is often a misconception that having an AVO against you equates to a criminal conviction. In reality, AVOs are civil orders and do not result in a criminal record unless the defendant breaches the order. However, having an AVO in place can have consequences in other areas of life, such as difficulties obtaining certain licenses or securing employment in roles that require a clear background check.
Final thoughts on AVO
Apprehended Violence Orders in NSW serve a critical role in protecting individuals from violence, harassment, and intimidation. The conditions attached to these orders are designed to ensure the safety and well-being of the protected person. It is essential for anyone involved in an AVO case—whether as the protected person or the defendant—to understand the conditions and comply with them to avoid serious legal repercussions.
