Criminal Law

If you have been served with an Apprehended Domestic Violence Order (AVO) we are here to help. Contact our experienced criminal lawyers for free advice.

Who makes the AVO?

An Apprehended Domestic Violence Order will name a ‘protected person’. However, the protected person does not make the AVO themselves. Instead, police make the application on their behalf.

Police apply for a “provisional order”. You must then attend court. After that, a final order will be made by a magistrate unless the AVO is withdrawn or contested.

Can I have an AVO withdrawn?

Yes. There are two options:

1. Negotiate with police:
   • In some circumstances, police may agree to withdraw the AVO.
2. Contest the AVO:
   • If there is not enough evidence to support the AVO, the AVO will therefore be withdrawn by a magistrate.

You should obtain legal advice before you contact police.

Similarly, if you are the protected person and you want police to withdraw the AVO, you should also obtain independent legal advice before speaking with police.

What happens if I breach an AVO?

Breaching an AVO is a criminal offence. Our Breach AVO page has more information.

Can I have a condition removed?

Yes, you can apply to the Court to vary the AVO.

How long will the AVO be in place for?

A court will usually make a final order for 2 years. However, it is possible to negotiate a shorter period.

Will an AVO show on my criminal record?

No, it will not go on your criminal record. For more information, read our blog.

Conditions

Every AVO will include a ‘mandatory condition’, listed as Condition 1. As a result, you cannot assault, stalk, harass or intimidate the protected person, or damage their property.

In addition, the AVO can include other conditions, such as an order that you must not do the following:

• Contact the protected person
• Reside with the protected person
• Contact the protected person within 12 hours of consuming alcohol or drugs
• Go within 100 metres from where the protected person lives or works

What happens if I also have criminal charges?

If you’ve been charged with a domestic violence related offence, such as common assault or damage property, you will usually need to wait for the criminal charge to be finalised, before the AVO is finalised.

We can help 

Our lawyers are highly experienced criminal lawyers.

We can help you:

• Contest the AVO
• Negotiate with police to withdraw the AVO
• Or make an application to vary the AVO, such as removing a condition.

Contact us today on 0421 700 497 for a free initial consultation.