How do I obtain an Apprehended Personal/ Domestic Violence Order?

An Apprehended Personal Violence Order is made where the people involved are not related and do not have a domestic or personal relationship, for example a co-worker or neighbour. A Domestic Violence Order is where the people involved are in a domestic relationship for example, people who you are or were married to or a defacto partner. Both court orders restrict the behaviour of the person you fear from actions that include:

1. physically assaulting, harassing, stalking and/or intimidating you,
2. damaging, or threatening to damage, your property,
3. domestic and family violence.
4. entering, remaining on, or accessing your home or workplace, and/or
5. contacting you directly or through another person.

When making an AVO, a court may impose such prohibitions or restrictions on the behaviour of the defendant as appear necessary or desirable to the court and, in particular, to ensure the safety and protection of the person in need of protection and any children from domestic or personal violence (s 35 Crimes (Domestic and Personal Violence) Act 2007). In order to obtain an AVO, it is essential that all elements are satisfied. It must be satisfied that on the balance of probabilities a person has reasonable grounds to fear and in fact fears:

1. the commission by the other person of a “personal violence offence” (as defined in s 4 Crimes (Domestic and Personal Violence) Act 2007) against the person, or
2. the engagement of the other person in conduct in which the other person:
3. intimidates the person, or
4. stalks the person

It must also be additionally satisfied that the conduct, in the courts opinion, is sufficient to warrant the making of the order. (s 19 Crimes (Domestic and Personal Violence) Act 2007)

To obtain the APVO you can ask the police to apply on your behalf or have an APVO issued by visiting a Local Court.

If the defendant disobeys any of the orders in the AVO, the defendant may be arrested and charged. The maximum penalty for disobeying an AVO is 2 years imprisonment and/or a fine of $5,500. However, it must be proved in court that the defendant disobeyed the AVO.