There are two types of AVOs:
- ADVO (Apprehended Domestic Violence Order) and
- APVO (Apprehended Personal Violence Order).
- An ADVO relates to the protection of a person/s where a domestic relationship exists between the parties.
- An APVO relates to the protection of a person/s where there is no domestic relationship between the parties, eg co-workers and neighbours.
When can someone apply for an AVO?
Any person who is or has been the victim of physical assault, threats of physical harm, stalking, intimidation or harassment and has a reasonable fear to believe that this behaviour will continue.
Who can apply for an AVO?
A person over the age of 16 or a Police Officer can apply for an AVO. A person can speak to the Court Register at their local court. If the behaviour amounts to a criminal offence, you should report the matter to police, whether or not you have a relationship with the perpetrator. Police will assess your situation, obtain a statement if required and if they belief and suspect that an ADVO is necessary to ensure your safety and protection, they have an obligation to make the application on your behalf.
Conditions of an AVO
Condition 1 is a mandatory condition and appears on all AVOs.
1. The defendant must not do any of the following to <protected people>, or anyone <she/he/they> <has/have> a domestic relationship with:
A) assault or threaten <her/him/them>,
B) stalk, harass or intimidate <her/him/them>, and
C) deliberately or recklessly destroy or damage anything that belongs to <protected people>.
Additional orders can be sought depending on the circumstances, for example:
Restrictions put in place against the Defendant:
- No longer allowed to reside at the family home
- Not allowed to contact the protected person except through the use of a lawyer,
- Not allowed within a certain distance from the protected person/s residence, work or school.
- Not allowed to be in the company of protected person for at least 12 hours after taking alcohol or drugs.
- Not allowed to possess any firearms or prohibited weapons.
- Not allowed to try and locate the Protected Person.
When is an AVO Enforceable?
The order becomes enforceable once served on the Defendant.
If there is a current enforceable Apprehended Violence Order (AVO) in place and you believe the defendant breaches one of the conditions. Report this breach to your local Police for investigation and possible charges if there is sufficient evidence.
Domestic Violence Liaison Officer (DVLO)
What is their Role?
The DVLO is a specialist police officer, trained in the dynamics of domestic and family violence, child protection procedures, victim support and court AVO processes required for the protection of victims of family violence.
The role of the DVLO is:
- To provide advice to police and victims.
- Assist in referral to appropriate support agencies.
- Maintain close working relationships with all support agencies.
- Review and oversight all domestic and family violence reports and cases.
- Assist victims through the court process for Apprehended Violence Orders (AVOs).
- Monitor repeat victims and perpetrators.
Where are they located?
Each of the 80 Local Area Commands in NSW has one or more DVLO’s and they are located at the major Police Stations.
To contact a local DVLO, phone your Local Police Station and ask to speak to the ‘DVLO’.