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Level 35, 31 Market Street, Sydney NSW 2000 Australia
Unit 1-6, 25/f, building 1, chengdu international financial center, no.1, section 3, hongxing road, jinjiang district, chengdu city, sichuan province, zip code 610021
AVO stands for Apprehended Violence Order. It is a type of court order usually issued by the local court to prohibit a person from engaging in conduct(s) that may pose danger(s) and incite fear in another person, who is usually known as the PINOP, or a Person In Need Of Protection. AVO could be applied for by a police officer on behalf of the victim or by the victim him-/herself in his/her personal capacity.
AVO by the police
Usually and following a physical altercation in which police officers had been involved, the police officers, in a bid to protect the alleged victim, would issue a provisional AVO, which would later be finalised in court. The AVO would contain general, protective provisions prohibiting the defendant from, including but not limited to: assaulting, harrassing, threatening or even come near the PINOP.
On its own, an AVO carries no consequences whatsoever. Even when an AVO is finalised in court, it does not carry any criminal implication(s). However and in our experience, if an AVO is issued, it will most likely result in charges being laid against the defendant as well. If you are unsure of your position, please contact us as soon as possible.
AVO by a private individual
Meanwhile, it is also possible for a private individual to apply for AVO without the assistance of the police. Similarly, the AVO itself carries no criminal consequences or implications.
Breaching the AOVO
Despite the AVO being a largely inconsequential, breaching the conditions in an AVO is an extremely serious crime. Under section 14 of the Crimes (Domestic and Personal Violence) Act 2007, a person who breaches the conditions of an AVO through acts of violence must be sentenced to jail.
Therefore and if you are charged with the breach of AVO, you need to contact us immediately to preserve your legal rights and position.