There are two types of AVOs
Apprehended Domestic Violence Order (ADVO)
These AVOs are issued where the PINOP has a existing domestic relationship with the accused. Instances which satisfy this test include;
1. Being married
2. Living in the same house (parent and child)
3. Where you are a relative of the PINOP
4. Where you are part of the same Indigenous kinship system
Apprehended Personal Violence Order (APVO)
These exist where there is no established domestic or family relationship between the parties; for example:
1. Where the PINOP is a neighbour
2. Where the PINOP is a colleague
3. Where the PINOP is a friend or acquaintance
How will an AVO affect me?
AVOs are not criminal convictions, and as such will not be recorded upon your criminal record. However, AVOs will have significant impact upon your personal and professional life due to the restrictions that can be imposed.
AVOs which are active will show up on background checks that employers may conduct. A clean background check is essential for people who want to work with children, work in security, or work for the Government.
An AVOs conditions can also be very prohibitive of your ability to see and reside with or near the PINOP. As a result, a significant strain will be placed upon you and your families’ lives, affecting your ability to maintain good relationships with your loved ones.
Due to the serious impact that an AVO can have upon your life it is strongly advised that you speak to one of our lawyers to handle your case. Our Powerhouse lawyers regularly appear in court in relation to AVOs and will be able to support you through the whole procedure. Our Powerhouse lawyers
Next Steps, Procedure and Defence
AVOs follow very similar procedural progression as other criminal law matters. The first occasion is known as a ‘mention’ where the magistrate will question your consent to the AVO or if you’d like to defend it.
If you consent to the AVO the magistrate will enquire as to what conditions the applicant wishes to have imposed upon you. Once an AVO is confirmed and finalised it takes effect immediately.
Contact us now to arrange a meeting for advice on the best options for you.