Apprehended Personal Violence Orders (APVO)Master Yoda said:
If you know the perpetrator and you fear for your safety you can apply for an Apprehended Personal Violence Order (APVO). APVOs are court orders designed to protect you from physical assault, stalking, harassment, intimidation or damage to property. It is possible to get an APVO to protect you from a range of people including neighbours and colleagues. If the perpetrator is a partner, ex-partner, family member or flatmate the order you will be given will be called an Apprehended Violence Order (AVO). In other respects the AVO is the same as an APVO.
APVOs can be tailor made to suit the situation. They can include restrictions so that the perpetrator doesn’t come to your home or work, can’t call you and so on. Others people, like your partner, friends or family members, may be added to the order too if it is believed that they need protection. The order does not give the defendant a criminal record unless they breach it. Breaching and APVO or AVO can result in the perpetrator being fined or jailed.
To get an APVO you should contact the police or your local court to make an appointment to see the chamber magistrate who can initiate an APVO. This is called an interim (temporary) APVO and is not effective until it is served (given to) the defendant.
The matter will be a given a date before the court (a mention date). At that time, the defendant will need to tell the court whether s/he will agree to the conditions of the APVO or whether s/he intends to contest them. If s/he agrees the order will be made final on that day. If s/he doesn’t agree to the conditions the matter will be set down for a hearing on another day. The interim APVO will stay in place until the hearing. At the hearing, the final APVO will be made if he magistrate is satisfied that you have reasonable grounds to fear the defendant.
Two important points to remember about APVO. First, even if you invite the perpetrator to breach the conditions of the order it is still illegal. For example, if an APVO says the perpetrator can’t come to your house they are still breaking the law even if you invite them in. Second, if you have an APVO out against someone and they breach it you should call the police immediately and let them know the APVO is being breached.
For more detailed information about APVOs
www.lawlink.nsw.gov.au/lac.nsf/pages/avoapply or
www.police.nsw.gov.au/prevention/detail.cfm?ObjectID=128&SectionID=family
