What's the Difference Between a DVO and AVO?
What's the difference between a DVO and AVO lies in the relationship of the protected person and the defendant.
Under the Crimes (Domestic and Personal Violence) Act 2007 No 80, a DVO is granted when the person being protected and the person being ordered against have a domestic or family relationship, like being spouses, partners, family members, or living together.
The goal of a DVO is to keep the defendant from hurting or abusing the victim again.
On the other hand, an AVO is issued when the protected person and the person subject to the order do not have a domestic or family relationship. Still, there are concerns about violence or other forms of threatening behaviour. This can be caused by a neighbour, a coworker, or a stranger who follows, bothers, or makes threats.
What's the Similarity Between a DVO and AVO?
Now that you know what's the difference between a DVO and AVO, here are some similarities between them:
- A court in Australia issues both DVOs and AVOs to protect an individual or group from violence, harassment, intimidation, and other forms of threatening behavior.
- DVOs and AVOs can stop the person who is the subject of the order from going near or talking to the protected person or acting in a certain way around them.
- A DVO and AVO can have serious consequences in a defendant's life, like employment, travel, and other future parenting plans.
- A violation of either a DVO or an AVO is a criminal offence that carries serious penalties, such as fines and imprisonment.
- The police ensure that the AVO and DVO subjects are safe. They can also file orders on behalf of the victims.
What's the Difference Between a DVO and AVO from the Defendant's Perspective?
What's the difference between a DVO and AVO from the defendant's perspective is just the same as how the protected person perceives things.
In the DVO, the defendant is accused of committing domestic violence against the victim. At the same time, AVO is issued in cases where the protected person and the defender do not have a household or family relationship.
The order's conditions may differ depending on whether it is a DVO or an AVO.
However, the rules outlined in a DVO may be more restrictive and may include requirements such as mandatory counseling, rehabilitation, or anger management programs.
Defendants may dispute AVO or DVO in court.
In this case, all sides must provide evidence, and the judge or magistrate will issue final orders based on the facts presented.
However, it is important to remember that the court and police take domestic violence seriously, making it quite difficult to contest a DVO.
The defendant must prove that the victim is not in fear of assault, stalking, or other types of intimidation and harassment in order to reverse the decision.
Key Takeaways
What's the difference between a DVO and AVO lies in the relationship of the protected person and the defendant.
In the DVO, the defendant is accused of committing domestic violence against the victim. At the same time, AVO is issued in cases where the protected person and the defendant do not have a household or family relationship.
Defendants may dispute AVO or DVO in court. In this case, all sides must provide evidence, and the judge or magistrate will issue final orders based on the facts presented.
However, the court and police take domestic violence seriously, making it quite difficult to contest a DVO.
The defendant must prove that the victim is not in fear of assault, stalking, or other types of intimidation and harassment in order to reverse the decision.
At Justice Family Lawyers, we understand the complexity of AVOs and DVOs, and we are committed to providing our clients with the highest quality legal advice and representation.
Our AVO lawyers and practitioners are highly experienced and knowledgeable and we are committed to helping our clients receive the best possible outcome.
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.