Co-Authored by Grace Jolly KEY TAKE-AWAYS An AVO is a protective court order designed to prevent future harm; it is not a criminal conviction There are two types of AVOs in NSW: ADVOs for people in a domestic relationship and APVOs for people without a domestic relationship A criminal charge involves allegations that a person has committed an offence and must be proven beyond a reasonable doubt. An AVO only becomes a criminal matter if its conditions are breached. Have you ever heard someone say there is an AVO against them and assumed that it is associated with a criminal offence? This is a very common misunderstanding. While an Apprehended Violence Order or AVO and a criminal charge can arise out of the same situation, they are two separate legal processes with different purposes and outcomes. By understanding the distinction between these terms is extremely relevant to everyone This blog explains what an AVO is, the types of AVOs, what a criminal charge is, the processes, and the differences between the two. What is an AVO An Apprehended Violence Order (AVO) is a court order designed to protect someone from violence, intimidation, stalking, harassment or threats. The purpose of an AVO is prevention, not punishment. An AVO looks to the future and aims to reduce any harm and protect the safety of the person seeking the order. An AVO can contain a range of conditions preventing a defendant from: Assaulting, threatening, stalking, harassing, or intimidating them; Damaging their property; Contacting them in any way unless through a lawyer; Coming to their home, place of work, or school; Coming within X amount of meters of their place of work or school; and Contacting them within a certain amount of hours after having alcohol or illicit substances Types of AVOs There are two types of AVOs. The first being an Apprehended Domestic Violence Order or ADVO, this applies where the defendant and person in need of protection have a domestic relationship. This can include: Current or former partners; Family members; People who live together; or People with an intimate or dependent relationship The second type of AVO is an Apprehended Personal Violence Order or APVO. This applies where the defendant and the person in need of protection have a non-domestic relationship. This can include: Nieghbours; Friends; Colleagues; Acquaintances; or Strangers The key distinction between the types of AVOs is the relationship between the people involved. What is a criminal charge? A criminal charge involves an allegation that someone has committed a criminal offence under a relevant law, for example, assault, malicious damage, or drug offences. In criminal proceedings, the prosecution bears and burden of proving the offence beyond reasonable doubt and an accused person is presumed innocent until guilt is established. If a person is found guilty of a criminal offence a variety of penalties can apply, including: A criminal conviction; Fines; Community correction orders; or Imprisonment What is the difference between AVOs and Criminal Charges? An AVO is not a criminal offence unless it is breached. This holds two years’ imprisonment and a $5,500 fine under NSW legislation. Often, police may charge a person with a criminal offence and then apply for an AVO to protect the alleged victim. It is important to understand the distinction between these terms, as having an AVO against you does not mean you have been convicted of a criminal offence. ABOUT LUISA GAETANI: Luisa is a distinguished Partner and Accredited Family Law Specialist at Coutts who proudly leads our esteemed Family Law team. Luisa started University in 2010 and commenced as a Paralegal, and since her admission in 2014, Luisa has dedicated her practice exclusively to Family & Criminal Law, showcasing a deep commitment to providing comprehensive legal support. Her unique blend of sensitivity and practicality sets Luisa apart, allowing her to forge a strong rapport and cultivate trust with her clients. For further information please don’t hesitate to contact: Luisa Gaetani Partner Accredited Specialist in Family Law info@couttslegal.com.au 1300 268 887 Contact our Coutts Lawyers today. This blog is merely general and non-specific information on the subject matter and is not and should not be considered or relied on as legal advice. Coutts is not responsible for any cost, expense, loss or liability whatsoever in relation to this blog, including all or any reliance on this blog or use or application of this blog by you. Tags:Co-Authored by Grace Jolly Contact Us