What's happening?
An Apprehended Violence Order is a civil order made by a court to protect a person who fears violence, harassment or intimidation from another person. AVOs can be sought by police on behalf of a person, or privately by an individual, and can be either apprehended domestic violence orders or apprehended personal violence orders depending on the relationship involved.
Being served with an AVO application does not mean you have been criminally charged, but the order can carry conditions that significantly affect your daily life, including where you can go and who you can contact. Understanding the proposed conditions and whether to consent, contest, or seek to negotiate them is an important early decision.
What could it mean for me?
- Interim AVO conditions can take effect immediately and may restrict contact with family, an ex-partner, or a shared residence.
- Breaching an AVO, even unintentionally, is a criminal offence that can lead to separate charges.
- An AVO can affect firearms licences and certain employment or professional requirements.
- Consenting to an order without admissions does not amount to a criminal conviction but still carries conditions that must be followed.
- AVO matters can affect parenting arrangements where children are involved.
What are my options?
- Consenting to the order, with or without admissions, often on negotiated conditions.
- Contesting the application at a defended hearing where the allegations are disputed.
- Negotiating specific conditions, such as arrangements for collecting belongings or contact regarding children.
- Applying to vary or revoke an existing order where circumstances have changed.
- Seeking your own AVO where you genuinely fear for your safety.
What happens next?
- Read the proposed conditions carefully and note anything that seems unworkable.
- Avoid any contact with the protected person until the matter is resolved, even if invited to do so.
- Gather evidence relevant to your position, including any messages or witnesses.
- Attend the listed court date, or arrange for your lawyer to appear, as required.
- Discuss with your lawyer whether consenting on agreed terms is appropriate for your situation.
How can MGE Lawyers help?
We advise both people seeking an AVO for their protection and people who have been served with an application and want to understand their options. We explain the difference between consenting, contesting and negotiating conditions, and help you weigh up the practical consequences of each path.
Where a hearing is necessary, we prepare the matter carefully, including reviewing any evidence relied on and identifying issues with the allegations where they exist.