Introduction

Understanding the distinctions between Apprehended Violence Orders (AVOs) and Domestic Violence Orders (DVOs) is essential for individuals seeking legal protection from violence or harassment in New South Wales. These orders provide crucial safeguards, ensuring the safety and well-being of those at risk, while also addressing the legal implications for the defendant.

This guide will explore the key differences and similarities between AVOs and DVOs, including their legal definitions, application processes, and the consequences of breaching such orders. By clarifying these aspects, the guide aims to assist individuals in navigating the legal system and understanding the protections available to them.

Understanding the Definitions of AVO and DVO

Definition of an Apprehended Violence Order (AVO)

An Apprehended Violence Order (AVO) is a court-issued order designed to protect individuals from violence, harassment, intimidation, or stalking when there is no domestic or family relationship between the protected person and the defendant.

These orders are typically sought in situations involving neighbours, coworkers, strangers, or anyone else with whom the protected person does not share a domestic connection. The primary purpose of an AVO is to provide legal protection by prohibiting the defendant from engaging in threatening or harmful behaviour towards the protected person.

Key aspects of an AVO include:

• Protection without a domestic relationship: AVOs apply when the protected person and the defendant do not have a domestic or family relationship
• Prohibited behaviours: The order restricts the defendant from actions such as assaulting, threatening, harassing, or intimidating the protected person
• Application process: AVOs can be applied for by the protected person through the Local Court or by the police on their behalf

Definition of a Domestic Violence Order (DVO)

A Domestic Violence Order (DVO) is a court order issued to protect individuals from domestic violence within a domestic or family relationship. This includes relationships such as spouses, partners, family members, or cohabitants.

The primary goal of a DVO is to prevent further domestic violence and protect the victim from abuse, harassment, or intimidation by the defendant.

Key aspects of a DVO include:

• Domestic relationship requirement: DVOs apply when there is a domestic or family relationship between the protected person and the defendant
• Protections provided: The order prohibits the defendant from engaging in domestic violence, which can include physical, emotional, or psychological abuse
• Legal framework: DVOs are governed by specific legislation, such as the Crimes (Domestic and Personal Violence) Act 2007 in New South Wales, which outlines the conditions and protections provided by the order

Understanding these definitions is crucial for individuals seeking legal protection from violence or abuse, as the type of order issued depends on the nature of the relationship between the parties involved.

Key Differences Between an AVO and a DVO

Relationship Criteria and Applicability

The primary distinction between an AVO and a DVO lies in the relationship between the protected person and the defendant. These orders serve different purposes based on the connection between the parties involved:

• AVO (Apprehended Violence Order): Issued when there is no domestic or family relationship between the parties. This order addresses concerns about violence or threatening behaviour from:

  • Neighbours
  • Coworkers
  • Strangers
  • Other non-family connections

• DVO (Domestic Violence Order): Specifically designed for situations where the protected person and the defendant have a domestic or family relationship. This includes relationships between:

  • Spouses or partners
  • Family members
  • Individuals living together
  • Other domestic connections

The DVO aims to prevent further domestic violence within familial or household settings, providing targeted protection for those in close relationships.

Legal Conditions and Court Procedures

The legal conditions and court procedures for AVOs and DVOs also differ significantly, particularly in the specific conditions imposed and the processes involved.

Key differences include:

• Conditions of Orders:

  • DVOs typically include more restrictive conditions, such as mandatory counselling, rehabilitation, or anger management programs.
  • AVO conditions, while still prohibiting behaviours like harassment or intimidation, may be less restrictive overall.

• Court Processes:

  • DVO proceedings often involve additional considerations due to the domestic relationship, including the need to protect children or other family members.
  • AVO processes address a broader scope of application, focusing on threats or violence from non-domestic sources.

• Burden of Proof:

  • For DVOs, the court must be satisfied on the balance of probabilities that the defendant has committed or is likely to commit a domestic violence offence.
  • AVOs require the court to believe that the protected person has reasonable grounds to fear violence or harassment.

Knowing these differences is vital for individuals seeking legal protection, as the specific circumstances of each case will determine which order is appropriate and how it will be applied.

Similarities and Common Objectives of AVOs and DVOs

Shared Protection Objectives

Both Apprehended Violence Orders (AVOs) and Domestic Violence Orders (DVOs) share a common goal: to protect individuals from violence, harassment, intimidation, and other harmful behaviours. These orders are designed to safeguard the physical and emotional well-being of the protected person by preventing further harm.

Key features of both orders include:

• Issued by a court to protect individuals from violence or threats
• Prohibit the defendant from engaging in specific behaviours, such as assaulting, threatening, or harassing the protected person
• Carry serious legal consequences if breached, including fines and imprisonment

Impact on the Defendant and Protected Person

Both AVOs and DVOs have significant implications for both the defendant and the protected person.

For the defendant, these orders:

• Impose restrictions on their behaviour
• Can have long-term consequences, such as affecting employment opportunities or travel plans
• May result in severe penalties if breached, as violating an AVO or DVO is a criminal offence

For the protected person, these orders:

• Provide legal recourse and a sense of security
• Ensure that the defendant cannot contact or harm them
• Empower victims by offering a formal mechanism to address abusive or threatening behaviour

While AVOs and DVOs differ in the context of the relationship between the parties involved, they share a common purpose: to protect individuals from harm and hold the defendant accountable for their actions.

Legal Process and Consequences of Violence Orders

Application Process and Seeking Legal Advice

Applying for an AVO or DVO involves specific steps and considerations, which include:

• Private Application: You can apply through the Local Court by explaining your situation to the Registrar and attending a court date.
• Police Application: Police may apply on your behalf if they believe there are sufficient grounds. They will handle the process and represent you in court.
• Role of Legal Advice: Consulting a lawyer is essential, especially for complex cases or when the other party contests the order.

When deciding whether to grant the order, the court considers factors such as the nature of the relationship and the severity of the threat.

Consequences of Breaching an Order

Breaching an AVO or DVO can lead to serious legal consequences, including:

• Criminal Charges: Violating the order is a criminal offence punishable by fines and imprisonment.
• Imprisonment: Penalties can include up to two years in jail, depending on the breach’s severity.
• Impact on Employment and Travel: A breach can affect your employment opportunities and travel plans.

Compliance with the order is vital to avoid these consequences. Therefore, if served with an order, seeking legal advice immediately is crucial to understand your rights and options.

By understanding the application process and potential consequences, individuals can navigate the legal system more effectively and ensure their safety or legal standing.

Conclusion

Understanding the differences between Apprehended Violence Orders (AVOs) and Domestic Violence Orders (DVOs) is crucial for individuals seeking legal protection in New South Wales. These orders provide distinct safeguards based on the relationship between the protected person and the defendant, with AVOs applying to non-domestic relationships and DVOs addressing domestic or family-related violence. Both orders share the common goal of protecting individuals from harm, harassment, and intimidation, and their breach carries serious legal consequences.

If you or someone you know is dealing with a situation involving violence or threats, it’s essential to seek legal advice from experts who specialise in these matters. Contact Daoud Legal today to discuss your specific circumstances and explore your options for obtaining the protection you need. Our experienced lawyers can guide you through the legal process and ensure your rights are upheld. Don’t hesitate to reach out for support—your safety and well-being are our priority.

Frequently Asked Questions