Apprehended Violence Orders

Apprehended violence orders are preventative and intended to provide protection against apprehended breaches of the law. A typical order will also prohibit a person from conduct which is less than criminal such as harassing and intimidating the Person In Need Of Protection (PINOP) and stop the defendant attending places frequented by the PINOP. A knowing contravention of an order is a criminal offence punishable by up to 2 years imprisonment.

AVOs fall into 2 categories 

• Apprehended Domestic Violence Orders (ADVOs): ADVOs are commonly applied for and obtained in response to an allegation of domestic violence. Frequently the parties will continue to live together or resume cohabitation at some stage during the proceedings. Proceedings for an ADVO will run in tandem with criminal prosecutions generally for assault or malicious damage. The police will apply for the ADVO on behalf of the PINOP. The PINOP will also generally be the main prosecution witness for the criminal charge. A charge of common assault carries a maximum penalty of 2 years imprisonment.
• Apprehended Personal Violence Orders (APVOs)

The defining characteristic is the relationship between the PINOP and the defendant. If you are in a domestic relationship with the one you fear you get an ADVO whilst everybody else gets an APVO. There is no great difference once an order is in place then the process is broadly similar.

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