What conditions can be included in an Apprehended Violence Order?

What conditions can be included in an Apprehended Violence Order?

Upon the issuing of an AVO (Apprehended Violence Order), the following conditions are included preventing the person subject to the order from:

  • assaulting, molesting, harassing, or interfering with the Protected Person; and
  • intimidating the Protected Person; and
  • stalking the Protected Person, or any other person in a domestic relationship with that person, and who is also protected by the conditions.

Additional conditions can also be placed which can also prohibit the person subject to the order from:

  • approaching or entering premises where the Protected Person lives, works, or goes to;
  • approaching the Protected Person, or a place where the Protected Person may be after drinking alcohol, or taking illegal drugs;
  • damaging property; and/or
  • any further conditions agreed upon by both parties, or issued by the court.

The person subject to an order will not have a criminal conviction recorded, however, if the person breaches a condition, they may be charged with a criminal offence. If a person  who is in fear feels that there has been a breach, they should inform the police of the breach.

The AVO will last for a certain period of time and can be extended if the person still has a reasonable fear from the person subject to the order. Alternatively, variation of the conditions of an order can be made upon an application to the local court, or the police can have the order changed or cancelled. However, it should be pointed out that only the police have the power to change or cancel an order if children are named in an order.

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