If you’re feeling threatened, intimidated, or unsafe because of someone in your life, it’s completely understandable to want to take action. One important option you have is to apply for an Apprehended Violence Order (AVO). Let’s break down what an AVO is, who can get one, and how you can go about it in New South Wales (NSW).
What’s an AVO Anyway?
So, what is an AVO? Think of it as a legal shield. An Apprehended Violence Order is a court order that protects you from someone who’s causing you distress—whether that’s through violence, threats, stalking, or harassment. If the person named in the AVO doesn’t follow the rules set by the court, they could face serious consequences.
Types of AVOs You Should Know About
In NSW, there are two main types of AVOs.
1. Apprehended Domestic Violence Order (ADVO): This one is for protecting you from someone you have a domestic relationship with—like a partner, family member, or anyone you live with.
2. Apprehended Personal Violence Order (APVO): This order is for those pesky situations where the person bothering you isn’t someone you have a domestic relationship with—think neighbors, colleagues, or even strangers.
Who Can Apply for an AVO?
Usually, the police will step in and apply for an AVO on your behalf. But if you’re 16 or older and have experienced any of the following, you can also take the initiative:
– Physical or sexual assault
– Threats
– Stalking
– Intimidation
– Harassment
If you think these behaviors could continue, don’t hesitate to act!
Why Get an AVO?
If someone is making your life uncomfortable or downright scary, it’s worth considering an AVO. It’s about taking back control of your safety and well-being.
How to Get an AVO in NSW: Step-by-Step
Let’s walk through how to get an AVO in NSW step by step:
Step 1: Start the Application Process
– Reach Out to the Police: If you’re feeling unsafe, don’t hesitate to call 000 or pop into your local police station.
– Gather Your Evidence: Before talking to the police, try to collect anything that could help your case. This might include photos, messages, witness statements, or medical reports.
– Police Investigation: The police will look into your situation, which may involve talking to the person causing trouble and any witnesses. If they think you need immediate protection, they can request an interim order to keep you safe while everything gets sorted out.
Step 2: The Police Serve the Papers
Once the police have your application and any interim order, they’ll deliver these documents to the person you’re worried about and let them know when they need to show up in court.
Step 3: Attend Court
On the day of your court appearance, you’ll meet with the Magistrate, who will decide if you really need an AVO.
Here’s what might happen!
– Consent Order: If the other person agrees to the AVO, the Magistrate can issue it right then and there without any admission of guilt.
– Disagreement: If they don’t agree, the case gets postponed so the Magistrate can review all the evidence. Both you and the police will need to submit written statements, and the other party may also have to respond.
– Evidence Hearing: If things go to a hearing, everyone will present their side, and witnesses can be questioned. If the Magistrate believes you have valid reasons to be scared, they’ll likely grant the AVO.
– No Show: If the person doesn’t show up to court, the case can still proceed without them.
You won’t be alone in court; you’ll have a police prosecutor and the officer handling your case there to support you. Plus, the Local Court has separate rooms for you, so you won’t have to run into the other person. There are also domestic violence case workers available to help you out.
Step 4: The Magistrate Issues the AVO
If the Magistrate believes an AVO is needed, they’ll issue it with specific rules that the other person must follow. These rules can include:
– No contact with you
– Staying away from you in person
– Not communicating through calls, texts, or social media
– Possibly attending counseling or anger management sessions as directed by the court
What If the AVO is Breached?
If the person named in the AVO doesn’t follow the rules, here’s what you should do:
1. Call the Police: Report the breach right away by calling 000.
2. Document Everything: Keep track of what happened—dates, times, and details can be super helpful.
3. Seek Legal Advice: It’s a good idea to consult a lawyer to understand your next steps.
Remember, breaching an AVO is a serious offense, and you shouldn’t have to deal with any more harassment.
Your Safety Matters
If you’re in a tough spot due to violence or harassment, don’t hesitate to reach out for help. There are plenty of resources available, like 1800 RESPECT. Whether you need legal advice, support, or just someone to talk to, don’t hesitate to contact the police if you’re in immediate danger.
If you need legal help or someone to talk to about your options, feel free to fill out our contact form or call Team Dot Legal directly. Your safety is our priority, and taking steps to get an AVO can be an important part of reclaiming your peace of mind. You deserve to feel safe and supported!
