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Domestic violence is the occurrence of personal violence against one person by another person, who are both involved in a domestic relationship. Violence is not limited to physical assault or wounding, but can include harassing or intimidating conduct, molestation or stalking.
The law affords protection to those who are in fear of another person’s violent behaviour. In NSW, those who believe they are at risk of violence can apply for an Apprehended Violence Order (AVO). These are orders made by a court that restrict a person’s behaviour, relating particularly to their relations with the applicant. For example, the order may restrict that person from making contact with or harassing the applicant, from entering certain premises or from associating with the applicant’s children.
If you are looking to take out an AVO, you should contact our family lawyers as soon as possible on 02 9221 6121.
There are two different types of AVO’s available in NSW. Apprehended Domestic Violence Orders (ADVO’s) protect those who are in a violent domestic relationship.
Domestic relationships are defined in the Crimes (Domestic and Personal Violence) Act 2007 (NSW) to include marriage, de facto relationships, those living together in a household, a relative and/or care dependency, among other classifications.
Apprehended Personal Violence Orders (APVO’s) protect all other victim’s of violence.
If you believe you have grounds to apply for an AVO, you should contact Watson & Watson Family Lawyers as soon as possible. Our experienced Family Lawyers will help to guide you through the application process. We will make an application on your behalf to an "authorised justice" (normally a Magistrate), setting out the reasons for the application.
The decision to grant the AVO is then in the hands of the Court. It is important to remember that having an AVO made against a person does not make them a criminal offender. However a breach of an AVO does constitute a personal violence offence.
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