Crimes (Domestic and Personal Violence) Act 2007 is the legislation that makes the law for matters involving Domestic and Personal Violence.
The objectives of the Act in relation to domestic and personal violence are to ensure the safety and protection of all persons, including children, who experience or witness domestic or personal violence, and to reduce and prevent violence by a person against another person where a domestic or personal relationship exists between those persons.
The principles behind the law are that domestic and personal violence, in all its forms, is unacceptable behaviour. If you are the victim of such violence you should contact the police or contact us to assist you to contact the police.
If you have been served with an ADVO or a APVO you should contact us to discuss the situation. These orders are not criminal findings but a breech of these orders will lead to a criminal conviction.
Apprehended Personal Violence Order (APVO) & Apprehended Domestic Violence Order (ADVO), usually referred to as AVOs
An Apprehended Domestic Violence Order (ADVO) or Apprehended Personal Violence Order (APVO) are orders made by the court that prohibit the defendant from certain behaviour, such as harassment, stalking, intimidation, violence or the threat of violence. The purpose of an ADVO or APVO is to provide protection from this behaviour in the future – it usually states that a person cannot behave as such or go within a certain distance of the home or workplace of the person the the order protects (the Protected Person). Provisional Orders can be made by the police.
The Court can make ADVO/APVO without a hearing if a defendant consents to an ADVO/APVO being made, or if evidence is heard proving that a person in need of protection fears violence or harassment by the defendant. The magistrate also has to be satisfied that there are reasonable grounds for these fears in order to make an ADVO/APVO
There are 2 types of Apprehended Violence Orders:
- Apprehended Domestic Violence Order (ADVO) – taken against a family member including spouses, ex-spouses and intimate partners (including de facto relationships) and
- Apprehended Personal Violence Order (APVO) – for protection from someone other than family members
When can you apply for and ADVO/APVO? Usually the police will initiate the process, so you should report your concerns to the police in the first place.
Sometimes the police will advise you that it is a civil matter that you should prosecute personally. Then you should call GP Legal and one of our solicitors will advise you as to what your options are.
What happens if the police make a provisional order against you?
First you have to go to court. You can object to an Apprehended Violence Order being made against you. If you do the matter will be taken to a hearing and be adjourned for trial at a later date. Under these circumstances, an interim AVO will be issued until the trial date. If you object to the interim AVO then a hearing will be conducted immediately
Contact us to arrange a consultation