Apply for an Apprehended Violence Order
Apprehended Violence Orders (AVOs) are court orders designed to protect you from physical assault, stalking, harassment, intimidation or damage to property. You do not have to have experienced violence to apply for an AVO - fearing that you will experience violence is enough to make an application.
An AVO usually states that your partner or ex-partner cannot ‘assault, threaten,
harass, molest or stalk’ you. If you have any children in your care, they will be included on the AVO unless there are good reasons not to.You can also ask the police or Chamber Magistrate to add specific conditions to the AVO to suit your particular situation for example adding other people like family, children or friends, who may be in danger.
There are two ways to apply for an AVO:
- If police attend an incident or you make a report to the police and a domestic violence offence, stalking offence or an offence against children has occurred, or is likely to occur police must apply for an AVO on your behalf. This application will be heard in court at a later date. If the incident occurs after hours, police may apply for a Provisonal Order which can protect you until your case is heard in court.
- If you haven’t or don’t want to call the police you can make an appointment with the Chamber Magistrate at your local court and apply through them.You can find your local court on the lawlink wesite www.lawlink.nsw.gov.au.
AVOs and non urgent AVOs do not have any effect until they have been served on (given to) your partner.
After the AVO has been given to your partner, you and your partner will be asked to apear in court. While in court, if your partner agrees to stick by the conditions of the AVO it will become binding. if they don't agree to the conditions of the AVO another court date will be set. At the hearing you will be asked to say why you need protection from your partner. Your partner will be given the opportunity to say why they don't believe the order should be made. the magistrate will then decide whether the AVO will be granted.
If the hearing is adjourned for any reason you can ask the magistrate to make an interim order until the next hearing date. An interim order is a temporary protection order binding until the next court date.
Having an AVO doesn’t give your partner a criminal record, however, if your partner breaks any of the conditions of the AVO it is called a breach. A breach is a crime. You can call the police if your partner breaches the AVO. the police will ask you to make a statement detailing the breach and your partner will need to appear in court. If a person is convicted of breaching an AVO they will have a criminal record.
If the police have applied for an AVO on your behalf, the police prosecutor can advise you of the process of your AVO apllication and will represent you in court.
Ancillary Property Recovery Orders
If you have left your home after a domestic violence incident and you need to collect your personal belongings from the premises, you don’t have to go back to the premises by yourself. The Court can make an order that another person or the police have to accompany you and be present at all times whilst you collect your belongings. This is called an Ancillary Property Recovery Order.
This order directs the occupier of the premises to allow a person to access the premises to remove personal property. The order can only be made at the time that a Court or a police officer makes an AVO (this includes provisional or interim AVOs).
Once the Court makes the order, a date and time would be arranged to collect your belongings. The police can be present to make sure everyone is safe. On the order you can specify the property that is yours and what needs to be recovered. If there is a dispute over ownership of property, that will have to be sorted out at a later date as the order does not create legal rights of ownership.
Exclusion Orders
In your AVO application, you can apply for an order that will exclude your partner from entering, residing or loitering near your home. These are called Exclusion Orders.
An exclusion order allows you to remain at home as part of an AVO and excludes, or removes, the violent person.
To get an exclusion order you need to request it in your application for an AVO. It’s important to discuss this option with a lawyer, court support worker or police officer when applying for an AVO.
Sometimes it’s best to get an exclusion order as part of a Provisional Order, which police can apply for following a violent incident.
Is this something for me?
Before applying for an exclusion order, there are a number of questions you should be asking yourself:
- Will you be, and feel, safe if you stay at home?
- Will you be fearful because your partner knows where you are living?
- Would you prefer to stay at home and have the violent person leave?
- Do you have children, and would they be better off remaining at home with you?
- Can you afford to pay the housing costs?
What’s relevant to the Court in making an exclusion order?
The Court decides a number of things in deciding whether or not to make an exclusion order. These are:
- The safety and protection of the protected person and any children living at home, if such an order is not made.
- Any hardship that may be caused by making or not making the order, particularly to the protected person and any children.
- The accommodation needs of all relevant parties, particularly the protected person and any children.
Any other relevant matter.
If you are applying for an AVO it is good idea to seek legal advice. The Safe Relationships Project can be contacted via the Inner City Legal Centre (1800 244 481). You can also call the Law Access Line (1300 888 529) or the DV Line (1800 65 64 63) to find out more about AVOs and for other legal information.
MOVING INTERSTATE
AVOs are not automatically effective in other States or Territories. However, an AVO can be registered in New Zealand and other States (except WA) by providing a copy to the police and proof that it has been served on you partner. Your AVO can be enforceable in States and Territories other than NSW. if you wish to move interstate, it is best if you have your NSW AVO registered in the NSW State or Territory. Contact the magistrate's court or a women's or community legal service in the new State or Territory for help in registering your AVO interstate.
HOW TO REPORT A BREACH
All Breaches of your AVO can be reported to the police. You can report a breach by going to the police station, by telephoning a police station or in an emergency, by calling 000.
REPORTING A BREACH AT A POLICE STATION
If you go to a police station to report a breach of an AVO, it is a good idea to make a written statement about what happened. Giving a verbal statement may mean that you become involved in court proceedings for breach of the AVO as a witness against the defendant. If this happens, you may be cross-examined by the defendant's solicitor, or by the defendant, if the defendant has no solicitor.
A written statement is a document that may be used as evidence by the police to help prosecute the defendant in court for breaching the AVO.