Apprehended Domestic Violence Order (New South Wales)

NEW SOUTH WALES

There are two types of Apprehended Violence Orders in New South Wales – an Apprehended Domestic Violence Order (ADVO) and an Apprehended Personal Violence Order (APVO).

If a police officer applies for an Apprehended Violence Order they are called the ‘applicant’. The person for whom the order is sought is called the ‘protected person’ or the ‘Person in need if protection’ (PINOP). The person whose conduct the application seeks to restrain is referred to as the ‘defendant’.

An Apprehended Domestic Violence Order applies when the applicant has or has had a domestic relationship with the defendant. The definition of ‘domestic relationship’ is broad and includes flatmates and carers as well as kinship relationships in indigenous cultures.

An Apprehended Personal Violence Order applies where the applicant and defendant are not in a domestic relationship.

APPLICATION FOR AVOs

In New South Wales it is common for the New South Wales Police to apply for an Apprehended Violence Order on behalf of the person in need of protection. In this case the police officer would be the ‘applicant’. A person who feels that they need the protection of an AVO should contact Police so Police can make an application on their behalf. Police can also apply for a provisional order whereas a private applicant cannot. A provisional order can be made immediately and at any time.

However, in situations where the Police do not apply for an Apprehended Violence Order, a person can apply for an Apprehended Violence Order at the Local Court. A court date will be given once the application is filed.

AT COURT

The matter will be listed at the Local Court. There are several possible outcomes:

If the defendant is present but unrepresented the Court may adjourn the matter to allow the defendant to get legal advice;
The matter could also be referred to mediation, although generally this is not appropriate when the police have applied for an Apprehended Violence Order on behalf of the person in need of protection;
The defendant may also give undertakings in lieu of order if this is acceptable to the applicant. Although again, generally this is not appropriate when the police have applied for an Apprehended Violence Order on behalf of the person in need of protection;
The defendant may consent to the order being made. The defendant does not need to admit to the conduct alleged in the application to consent to an order being made;
the applicant can withdraw the application; or
The defendant may indicate that the application is being disputed.

If the application is being disputed a hearing date will be set. An Interim Order can be made at the first court appearance. The court may also make directions for the applicant to supply written statements to the defendant.

INTERIM ORDER

An interim order can be made from the date the matter is first before the Local Court until the date that a final order is made, the application is withdrawn or the application is dismissed. Interim orders seek to protect the person in need of protection while the court process is ongoing.

HEARING OF THE APPLICATION

At the hearing the applicant will present their case first. The applicant must prove that an order should be made. Evidence can either be by tender of statements or by giving oral evidence. The defendant or their legal representative can ask the witnesses about their evidence. The defendant or their legal representative then presents their case.

A court may make an Apprehended Violence Order if it is satisfied that the protected person has reasonable grounds to fear, and does fear, that the defendant will:

commit a personal violence offence, or;
will intimidate the protected person or someone the protected person has a domestic relationship with; or
stalk the protected person

and the court feels that this conduct is sufficient to warrant making an order.

WHAT ORDERS CAN BE MADE?

The Court may impose such prohibitions or restrictions as appear necessary or desirable. The aim is to ensure the safety and protection of the person in need of protection and any children from domestic or personal violence.

All Apprehended Violence Orders must include conditions that the defendant must not:

assault, molest, harass, threaten or otherwise interfere with the protected person or any person in a domestic relationship with the protected person;
engage in any other conduct that intimidates the engaging in any other conduct that intimidates the protected person or any person in a domestic relationship with the protected person;
Stalk the protected person or any person in a domestic relationship with the protected person

Prohibitions or restrictions may also:

prohibit or restrict the defendant from approaching the protected person;
prohibit or restrict the defendant from going to the protected persons premises, place of work or any other place frequented by the protected person (although the place must be stated);
prohibit or restrict the defendant from approaching the protected person within 12 hours of consuming alcohol or drugs;
prohibit or restrict thedefendant from having firearms or certain weapons; and/or
prohibit or restrict thedefendant from damaging the protected persons property.