Understanding Apprehended Domestic Violence Orders Apprehended Personal Violence Orders

1. Understanding Apprehended Domestic Violence Orders & Apprehended Personal Violence Orders Apprehended Violence Orders (AVOs) play a crucial role in safeguarding individuals from potential harm, abuse and violence. There are two types of AVOs: Apprehended Domestic Violence Orders (ADVOs) and Apprehended Personal Violence Orders (APVOs). Penrith Criminal lawyers | AMA Legal delve into the specifics of each to highlight their distinct features and applications. Apprehended Domestic Violence Orders (ADVOs) Definition: An Apprehended Domestic Violence Order (ADVO) is a Court order designed to protect individuals who are, or have been, in a domestic relationship with the Defendant and are at risk of violence, harassment, intimidation, or any other form of abuse. It aims to provide a swift and effective legal remedy to safeguard victims from individuals that they have a domestic relationship with. Applicability: ADVOs are applicable in cases where the victim and the Defendant share a domestic relationship. This includes spouses, de facto partners, individuals in same-sex relationships, family members, or anyone residing together. The scope of ADVOs extends to cover not only physical violence but also emotional and psychological abuse. ADVO Conditions: Conditions imposed in ADVOs can vary based on the circumstances of the case. They may include restrictions on approaching the victim, entering specific premises (such as the

2. victim's residence or workplace), and communication prohibitions. Breaching these conditions can lead to severe legal consequences for the Defendant and criminal charges. Process of Obtaining an ADVO: The process of obtaining an ADVO involves filing an application with the local court. This application outlines the details of the alleged violence or threat and the reasons for seeking protection. A court hearing is then conducted where both parties present their evidence, and a Magistrate determines whether an ADVO is warranted. In most ADVO cases the applicant is the Police officer in charge of investigating the matter. Apprehended Personal Violence Orders (APVOs) Definition: An Apprehended Personal Violence Order (APVO) is a Court order to protect individuals who are not in a domestic relationship but face the risk of violence, harassment, or intimidation from another person. APVOs seek to address potential violence or harassment that occurs outside the confines of domestic relationships. Applicability: According to the expert Criminal lawyers Penrith, APVOs are applicable in situations where the victim and the Defendant do not share a domestic relationship. This can include cases involving neighbours, colleagues, acquaintances, or individuals who have no familial or domestic ties but have some contact with each other. Conditions: Similar to ADVOs, APVOs come with conditions and restrictions aimed at preventing harm to the protected person. These may include orders to refrain from contacting the protected person, attending specific locations, or engaging in any form of threatening behaviour. Breaching these conditions can lead to legal consequences for the person subject to the order including criminal charges. Process of Obtaining an APVO: The process of obtaining an APVO follows a similar pattern to that of an ADVO. The aggrieved party files an application with the local court, outlining the details of the alleged violence, threat, or their concern. A court hearing is then conducted to determine whether an APVO should be made. Understanding the distinctions of ADVOs and APVOs is essential for individuals seeking protection from violence and Defendant contesting making of such orders. As with any legal matter, seeking professional advice from a Penrith Criminal lawyer is crucial for navigating the intricacies of the legal system.