Why Would Someone Get an AVO

Why would someone get an AVO? A person would get an AVO if they felt threatened and they were concerned about their safety.

The first question to be asked is: Are you a victim of violence or abuse?

If you are, an AVO or Apprehended Violence Order, defined by the Crimes (Domestic and Personal Violence) Act 2007 No 80, can help you protect yourself from further abuse.

AVOs should be considered in the following situations:

  • Someone has hurt you or your child.
  • It worries you that a particular person may hurt you or your child.
  • Someone stalks, harasses, or intimidates you or your child.

What is Abuse?

Often, abuse takes the form of physical harm - slapping, hitting, pushing, or sexually abusing you. However, abuse can also take place if someone:

  • You are called names, intimidated, threatened, sworn at, or humiliated by someone.
  • Takes control of your money or property or forces you to sign things you do not understand.
  • Refuses to let you leave the house, make contact with friends and family members, or have contact with support services.
  • You are supposed to be cared for but not provided with proper food, clothing, or personal hygiene. This can be intentional or unintentional.

Why Would Someone Get an AVO, and How Can the Law Protect the Abused?

It is a crime to engage in abusive behaviour, such as physical or sexual assault.

A person who acts violently towards you can be charged with a criminal offence if they are reported to the police.

Furthermore, Apprehended Violence Orders are orders made by a court that prohibit or restrict the behaviour of the abuser.

In some cases, if you obtain an AVO, the person you share a residence with may have to move out if that is your preference.

As an alternative, if they stay, they will have to change their behaviour towards you, or they will be charged with breaching the AVO, which is a criminal offence.

How to Get an AVO Against Someone Using the Police?

For an AVO to be granted, you must show reasonable grounds to fear the defendant. You should call the police if you are in immediate danger, and if you are the victim of domestic violence, the police can obtain a provisional AVO on your behalf.

An application for police can be made in either of the following ways:

  • Visit a police station
  • Let the police report the incident

The first step you will go through is providing a statement.

A police application requires that you provide as much information as possible.

Among the information you will need is the full name of the person you want protection from, the address of the defendant, the date of the defendant's birth, and your relationship with the defendant.

They will also ask about incidents involving the defendant's violent treatment.

This will enable the police to look for abusive behaviour patterns that they can use to strengthen the application for AVO.

Once you have provided your statement, you must sign it, and then you will receive a copy from the police.

After that, the police officers are required to serve the defendant with the application. This will inform them of the court date and other matters regarding the AVO application filed against them.

Last, according to the process, you must appear at the court at the same time and date as the defendant.

Conclusion

An AVO or Apprehended Violence Order, defined by the Crimes (Domestic and Personal Violence) Act 2007 No 80, can help you protect yourself from further abuse.

AVOs should be considered in the following situations:

  • You or your child have been hurt by someone.
  • It worries you that a certain person may hurt you, or your child.
  • Someone stalks, harasses, or intimidates you, or your child.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.