Applying for an AVO
The Crimes (Domestic and Personal Violence) Act (NSW) 2007 defines domestic violence as a personal violence committed by a person against another person with whom he/she has or has had a domestic relationship with.
Who can apply for an Apprehended Domestic Violence Order?
The classification of people encompassed in family legislation is extensive and covers people who are, or who were in intimate relationships, regardless of whether or not they lived with each other or not. These people can legally make a complaint about domestic violence. This may be a:
- current or former spouse
- current or former de facto partner
- a person who has lived in the same house, for example a child or any other relative (does not include a tenant or boarder)
- a person who has been in an intimate relationship with the defendant.
How to apply for an Apprehended Violence Order
The applicant, otherwise known as the protected person or person in need of protection (PINOP) can apply for an AVO by attending a Local Court registry and swearing an application for an AVO after discussion with the Magistrate, or attending a police situation. In the latter case, the police officer can swear an application for an AVO on behalf of the applicant.
In circumstances where the police were called to an incident, the police officer can also swear an application for an AVO on behalf of the applicant.
In circumstances where the person in need of protection is a child, only a police officer can make a complaint for an order on behalf of the child.
Types of Orders
When commencing proceedings for an AVO, it is important to remember that there are 3 types of orders that can be obtained
- Provisional Orders
In circumstances where a police officer has had to attend premises as a result of an incident, the police officer can request for an authorised officer to make a provisional order, provided he or she has good reason to believe that an order is necessary to ensure the safety and protection of the person in need of protection by the order or to prevent substantial damage to any property of that person.
- Interim Orders
The Magistrate may grant interim orders only if it is necessary to do so, depending on the circumstance of the case. These orders will remain in operation until the matter is dismissed, or the order is withdrawn, or final orders are made.
If you believe that you have sufficient reasons to seek interim orders during the proceedings, you should advise LAC Family Lawyers immediately.
- Final Orders
In order for the Court to make final orders in respect of an AVO, it must be satisfied, on the balance of probabilities that the protected person has reasonable grounds to fear and in fact fears:
- the commission by the other person of a personal violence offence against the person, or
- the engagement of the other person in conduct in which the other person:
- intimidates the person, or
- stalks the person.
There are many issues that an individual needs to address in dealing domestic violence. It is advisable to seek legal advice from our qualified Family Law Solicitors to help the parties understand the law relating to domestic violence.
