Several studies suggest that domestic violence in Australia is more wide-spread than is commonly perceived. Historically, statistics on domestic violence in Australia were calculated based on report of the incidents. It is now thought that only a small proportion of Domestic Violence in Australia is actually reported.
It is a further misconception that there is little the Court or the Law can do to protect victims of Australian Domestic Violence. Certainly, here in Sydney, that is simply not the case. An entire chapter of the Crimes Act 1900 (NSW) is designed to protect people who fear domestic violence and abuse. These people do not have to have been victims of actual violence, only victims of acts causing them to fear for their personal safety. The New South Wales Crimes Act provides that protection by providing powers to the Local Courts, enabling them to make Apprehended Violence Orders, or AVOs as they are commonly known, to protect people in need.
In Australia, Domestic Violence Orders (DVO) are designed to protect people who live in a domestic relationship with the alleged perpetrator and Personal Violence Orders (PVO) are for all other categories of victims.
There is a range of orders commonly made by the Court in relation to Apprehended Violence Order proceedings. Those common orders are as follows:
The orders below must be made in any circumstance where the court is making an AVO
-
The defendant must not assault, molest, harass, threaten or otherwise interfere with the protected person(s);
-
The defendant must not reside at the premises at which the protected person(s) may from time to time reside or work, or other premises:(Home/premises);
An application for divorce is required to be completed, sworn by the applicant before a divorce lawyer or justice of the peace and filed with the correct filing fee paid. Some applicants may qualify for a waiver of the filing fee.
The orders below are discretionary orders.
-
The defendant must not enter the premises at which the protected person(s) may from time to time reside or work, or other specified premises:(Home/work/premises);
-
The defendant must not go within of the premises at which the protected person(s) may from time to time reside or work, or other specified premises:(Home/work/premises);
- The defendant must not approach, contact or telephone the protected peron(s) except as agreed in writing or for the purpose permitted by an order or directions under the Family Law Act 1975, as to counseling, conciliation, or mediation. The defendant must not approach, contact or telephone the protected person(s) except for the purpose of arranging or exercising access to children as agreed in writing or as otherwise authorized by an order, or a registered parenting plan under the Family Law Act 1975;
- The defendant must not contact the protected person(s) by any means (including through a third person) except through the defendant's legal representative;
-
The defendant must surrender all firearms and related licenses to Police;
-
The defendant must not approach the school or other premises at which the protected person(s) may from time to time attend for the purposes f education or child care or other specified premises:(school/child care/other);
-
The defendant must not approach the protected person(s) within twelve (12) hours of consuming intoxicating liquor or drugs;
-
The defendant must not destroy or deliberately damage or interfere with the property of the protected person(s);
-
That the court extend the operation of the orders to include the following person(s) with whom the protected person has a domestic relationship;
-
Other orders.
Apprehended Violence Orders (AVOs) can be made by consent and without any admission of wrongdoing. This can avoid the need for the matter to proceed to a hearing before the court. This can be a cost effective way for parties to resolve a dispute where fear of domestic violence or abuse is an issue. In other cases a full hearing of evidence may be necessary to prove the need for an order to be made. The making of a DVO does not necessarily mean the end of a relationship. In the majority of cases where courts make domestic violence orders, the parties intend to continue living in the same house, but with some protection in place.
At Armstrong Legal, we have experienced staff who have acted in literally hundreds of domestic violence cases with Apprehended Violence Orders (AVO) before the Court. If you feel you may need the protection of an AVO, or are being prosecuted by someone seeking an AVO, please contact Peter Magee to discuss your matter.
Family Lawyers | Domestic Violence Advice | Apprehended Violence Orders (AVO) | Family Law, Sydney Australia
|
