Domestic Violence and AVO’s
At Barclay Churchill, we recognise that issues surrounding domestic violence are highly sensitive, and so require a high level of care and compassion. Our team of experienced solicitor’s specialise in providing expert legal services to ensure the safety and confidentiality of those whose lives are affected by domestic violence.
An Apprehended Violence Order (‘AVO’) is often regarded as one of the most effective mechanisms for dealing with crimes of domestic violence. An AVO acts to restrain the behaviour of the defendant, listing certain activities which the defendant is prohibited from doing.
Common behaviours that may be restricted by an AVO include stalking, intimidation and harassment. In addition to this, an AVO can also restrict access to certain premises, and may also prohibit the defendant from possessing items such as firearms.
Under Australian law there are two recognised categories of AVO’s. These include:
- Apprehended Domestic Violence Order (‘ADVO’) – an ADVO is used in circumstances where a domestic relationship exists between the defendant and the applicant.
- Apprehended Personal Violence Order (‘APVO’) – an APVO is used in circumstances where there is no domestic relationship between the defendant and the applicant.
An application for an AVO may be made in one of two ways. Firstly, the applicant may attend a local court registry, with or without the assistance of a solicitor, and swear an application for an AVO before the Chamber Magistrate. In addition to this, an application for an AVO may also be made as a consequence of an incident involving the police. Here, the police officer may swear an application for an AVO on behalf of the victim.
If you require assistance in understanding whether an AVO is right in your circumstances, please do not hesitate to contact us.