Apprehended Violence Orders (AVOs)
There exist two types of AVOs, namely ADVO (Apprehended Domestic Violence Order) and APVO (Apprehended Personal Violence Order). An ADVO is applicable when a domestic relationship exists between the parties and aims to protect individuals involved. On the other hand, an APVO is intended for the protection of individuals without a domestic relationship, such as co-workers or neighbours.
AVOs are civil orders issued by the court. They do not result in criminal charges or appear on a defendant’s criminal record. However, if a defendant breaches an AVO , they can face criminal charges.
According to Section 14(1) of the Crimes (Domestic and Personal Violence) Act 2007, knowingly contravening a prohibition or restriction specified in an AVO is a criminal offence. The maximum penalties for this offence include a fine of up to 50 penalty units, imprisonment for up to 2 years, or both.
There are certain circumstances where a person may not be found guilty of contravening an AVO. These include not being served with a copy of the AVO or not being present in court when the AVO was issued (s 14(2)).
If a person is convicted of contravening an AVO through an act of violence against another person, section 14(4) states that they be sentenced to imprisonment unless the court orders otherwise.
In an ADVO where the defendant is an adult and no expiry date is specified, the order remains in force for two years from the date of issue. For defendants under 18 with no specified expiry date, the order remains in force for 12 months from the date of issue.
If no expiry date is specified in an APVO, the order remains in force for a period of 12 months from the date it was made.
It is possible to change or revoke an AVO in New South Wales (NSW) if there has been a change in circumstances. Applications to vary or amend an AVO should be submitted to a local court and can be made by a police officer or any interested party, such as the defendant or the protected person, while the AVO is in effect.
When submitting an application to change or revoke an AVO, the reasons for wanting to do so should be outlined. In the case of a variation, the specific changes sought should be specified. Seeking legal advice or assistance from a solicitor can help with completing the application to match individual circumstances.
If you require legal advice or representation for any legal matter, please reach out to Karim Criminal Defence Lawyers.
ENQUIRE CONSULTATION
For all enquiries, please contact us on the form below.
Please complete all fields marked with *
OR CALL 0414 812 182
Apprehended Violence Orders (AVOs)
There exist two types of AVOs, namely ADVO (Apprehended Domestic Violence Order) and APVO (Apprehended Personal Violence Order). An ADVO is applicable when a domestic relationship exists between the parties and aims to protect individuals involved. On the other hand, an APVO is intended for the protection of individuals without a domestic relationship, such as co-workers or neighbours.
AVOs are civil orders issued by the court. They do not result in criminal charges or appear on a defendant’s criminal record. However, if a defendant breaches an AVO , they can face criminal charges.
According to Section 14(1) of the Crimes (Domestic and Personal Violence) Act 2007, knowingly contravening a prohibition or restriction specified in an AVO is a criminal offence. The maximum penalties for this offence include a fine of up to 50 penalty units, imprisonment for up to 2 years, or both.
There are certain circumstances where a person may not be found guilty of contravening an AVO. These include not being served with a copy of the AVO or not being present in court when the AVO was issued (s 14(2)).
If a person is convicted of contravening an AVO through an act of violence against another person, section 14(4) states that they be sentenced to imprisonment unless the court orders otherwise.
In an ADVO where the defendant is an adult and no expiry date is specified, the order remains in force for two years from the date of issue. For defendants under 18 with no specified expiry date, the order remains in force for 12 months from the date of issue.
If no expiry date is specified in an APVO, the order remains in force for a period of 12 months from the date it was made.
It is possible to change or revoke an AVO in New South Wales (NSW) if there has been a change in circumstances. Applications to vary or amend an AVO should be submitted to a local court and can be made by a police officer or any interested party, such as the defendant or the protected person, while the AVO is in effect.
When submitting an application to change or revoke an AVO, the reasons for wanting to do so should be outlined. In the case of a variation, the specific changes sought should be specified. Seeking legal advice or assistance from a solicitor can help with completing the application to match individual circumstances.
If you require legal advice or representation for any legal matter, please reach out to Karim Criminal Defence Lawyers.
ENQUIRE CONSULTATION
For all enquiries, please contact us on the form below.
Please complete all fields marked with *
OR CALL 0414 812 182
