What kinds of AVOs are there?
Several different types of anti violence Orders can be applied for.
1. Apprehended Domestic Violence Orders involve situations where a person has an apprehension of violence against them by another person with whom he or she has, or has had, a domestic relationship. The definition of a ‘domestic relationship’ is lengthy, but includes people who are or have been married, or who are or have been de facto partners or who have or have had ‘an intimate personal relationship with the other person (including a relationship not involving a relationship of a sexual nature), or persons who live or have lived in the same household together or people who have had a relationship involving dependence on the other person for paid or unpaid ongoing care’. It also could include people who are relatives of each other.
2. Apprehended Personal Violence Orders cover the situation of an apprehension of violence between people who are not in any sort of domestic relationship, such as neighbours or 2 persons who work in the same workplace.
3. Apprehended Violence Orders can include situations where there is an apprehension of actual violence but can also include an apprehension that somebody is stalking you or is seriously harassing you.
Since the laws in regard to anti violence Orders were changed most anti violence Orders are commenced by the Police and are prosecuted in Court by the Police. It should be remembered that the Police Officers in most cases however will not have witnessed the incident or be able to give any direct evidence in regard to the the actions complained of. Whether or not the prosecution wins the case will usually depend upon what evidence the civilian parties and their witnesses present at Court (including CCTV which might be available if the incident occurred at a licensed Club, or at a McDonalds Restaurant, etc). There are special rules in relation to the evidence, the way in which evidence and Hearings occur as well as special rules in relation to the onus of proof and what happens in regard to legal costs if a case is won or lost.
Someone is seeking an AVO against me
Apprehended violence orders can have serious consequences. You could lose your job, or you could be disqualified from doing certain types of work or holding certain types of licenses. These orders can prevent access to your children. It is in your best interests to get legal advice before agreeing to any order or going to court.
Bruce Coode has wide experience in criminal cases as a result of working in criminal law for nearly forty years. He has experience in everything from murder and assault to drink driving and all types of driving or license matters. We will usually be able to give you a firm quote once we have sat down and talked with you about your situation. (This first consultation is free.)
I need an AVO
In regard to all types of anti violence Orders it is possible to obtain Provisional Orders - urgent Orders that can be applied for, by phone or by fax if necessary, from a class of authorised Police Officers even before the case comes to Court. Additionally, what are known as Interim Orders can be made by a Police Officer or a Court. These are Orders which are in place as a protection or precaution until the Court has an opportunity to fully hear both sides’ evidence and to determine the case at a full Hearing.
If the Police refuse to take out an anti violence Order Application on your behalf you can go to the Court office and apply for an AVO yourself. It is a difficult process but there is a process. Alternatively, if the problem involves children and the Order is needed against a parent or another family member then you may be able to apply for orders from the Family Court. We will be happy to assist you in that regard. Remember, we give a free, no obligation interview during which we can discuss with you what needs to be done.
At Coode & Corry we are very experienced in handling these types of cases and can provide you with advice and representation. Remember that the first interview with us is a no obligation, free of charge interview, so do not hesitate to come and talk with us to obtain some initial advice about the strengths or weaknesses of your case and the possible outcomes.
For more information on AVOs and the potential ramifications of them please click on this link.