An Apprehended Violence Order (ADO) is an order that it used to protect you from further violence, intimidation or harassment, all AVO’s have a mandatory order that state that the defendant must not assault, harass, threaten, Stalk or intimidate you.
There are two different types of AVO’s, including Apprehended Domestic Violence Order (ADVO) and Apprehended Personal Violence Order (APVO). An ADVO is placed when there are concerns for safety in any domestic/intimate relationship. An APVO is placed when the parties have no relation to each other but have concerns for their safety.
If you fear that there is a threat to your life there are two different ways to apply for an AVO, either the police will apply after the incident has been reported or you can apply yourself through your local magistrate. The most important information that is needed when applying is who the offender is, when the incident occurred, and what happened. Binaal Billa staff can assist in reporting the incident to the police and applying for the AVO.
The duration of an AVO depends on the case and the magistrate’s decision, there should be a date on which the order will expire, and the period specified is what the court believes is necessary to ensure the safety and protection of the protected person. The default duration for apprehended domestic violence orders is a minimum of 2 years.
Every AVO will have at least 3 conditions which aim to prohibit behaviors such assaulting, molesting, harassing, threatening and stalking, it will also protect anyone in a domestic relationship with the protected person. Additional orders can be placed such as not allowing them to approach, go places and/or any property owned by the protected person. When the other party breaches an order, they may be charged with a criminal offence, an important key is to always keep a copy of the AVO and contact police if you are concerned about your safety and believe a breach has taken place. Penalties for breaching an AVO can be a fine of up to $5,500 or imprisonment for up to 2 years.
