Difference between an AVO and an ADVO
This article highlights the differences between an AVO and an ADVO, and provides an overview of what you can do if someone threatens your safety.
SYDNEY, NSW, AUSTRALIA, June 30, 2021 /EINPresswire.com/ – Australia has high rates of domestic violence, OurWatch.org reporting that around 34.2% of Australian women report having experienced domestic violence since the age of 15. Rates of violence are 2-5 times higher in Aboriginal and Torres Strait Islander families. according to the Better Health Channel in Victoria.
Hopefully this article can shed some light on the differences between an AVO and an ADVO and provide some insight into what you can do if someone threatens your safety.
When you are in an intimate relationship with someone who threatens your safety, you may feel like there is nothing you can do, but you can.
You can report the incident to the police and get a court order commonly known as an AVO. You do not have to be physically injured for the court to consider your request for an AVO. If you feel you are in danger, the court can still agree to make the order if it has reasonable grounds to believe that you are in danger.
This article will discuss the different types of AVOs and how you can get one if you are concerned about your safety. He will also talk about the impact of an AVO and its lifespan.
What is an AVO (Apprehended Violence Order)?
An Apprehended Violence Order (AVO) is made by a court, usually the local court, when you have experienced violence and are concerned for your safety and want protection from further threats or violence.
Once the court has made an AVO, the person against whom you have withdrawn the AVO is not allowed to stalk, harass or intimidate you. There may be other conditions attached to AVO such as not drinking alcohol or carrying weapons depending on the conditions under which it was taken out.
If someone tries to take an Apprehended Violence Order (AVO) against you, you should know that this is not a criminal offense and therefore will not appear on your criminal record. You should also keep in mind that AVOs typically last 12 months. and you will be subject to certain conditions for the life of the AVO. Failure to comply with these conditions may result in a court appearance and be found guilty of a criminal offense.
What is an ADVO (Apprehended Domestic Violence Order)?
When the Court makes an ADVO, you cannot contact the person who took out the ADVO. This type of Order can be performed when you are in an intimate or domestic relationship with someone.
If you are an Aboriginal or Torres Strait Islander, an ADVO may be made against your relative or extended family, such as your cousin, aunt, uncle, grandfather, grandmother, grandson or granddaughter.
An AVO or ADVO will be issued when the court decides that you (the applicant) have reasonable grounds to fear for your safety or are at risk of further violence and it is in your best interest that an AVO be issued.
What is an APVO (Apprehended Personal Violence Order)?
An APVO (Apprehended Personal Violence Order) is a court order that prevents a certain person from having any type of contact with you.
How does an apprehended violence order (AVO) work?
An AVO gives you AVO legal protection if you fear for your safety either because you have already been physically attacked or because you have been threatened.
When the local court has established the AVO, you should not contact the person who took out the AVO against you, unless it was through your lawyer.
All police AVOs come with standard conditions that you are not allowed to assault or threaten the person, you cannot stalk, intimidate or harass them, and you must not destroy any of their personal belongings.
In some cases, the AVO will come with other conditions.
An AVO is enforceable as soon as the court has issued the Apprehended Violence Order (AVO) or the Apprehended Domestic Violence Order (ADVO).
If you violate your AVO, you will need to seek legal advice as criminal charges could be laid against you which could restrict your ability to secure certain jobs.
If you have had an AVO against someone and they have since threatened you, you should report the incident to the police as soon as possible so that criminal charges can be laid and to ensure your safety.
If you are reading all of this and are concerned about your safety, the first step in keeping yourself safe is to ask to report the incident to your local police station who can request an AVO on your behalf. You can also apply for an AVO yourself.
How can I apply for an AVO or an ADVO?
If you wish to apply for an AVO, there are certain processes that must be followed before the court can make an AVO or ADVO.
You must report any incident against family members or anyone else to the police. The police will take a statement from you and investigate all of the circumstances. You will need to provide them with detailed information so that they can assess the request. Additional information will need to be provided if you are applying for ADVO. Details of the required information are available on the Law Access NSW website.
When you have provided the police with all the information they need to assess your VTA application, you will need to sign the declaration. Before signing the statement, check that all of the information you have provided is correct and truthful, because if not, you could be charged with a criminal offense for providing false or misleading information.