Good morning
AVO and DVO
Domestic violence unfortunately is on the rise in Australia and laws have been made to protect anyone who has a real fear of being subjected to domestic violence.
The courts have stated:
“The right of all women to determine their own path in life must be protected and upheld by the courts. Where a woman’s right is ignored or disregarded by an offender, that right must be vindicated, including by punitive and strongly deterrent sentences where necessary.”
In New South Wales, Australia, an AVO (Apprehended Violence Order) and a DVO (Domestic Violence Order) are legal protections intended to keep individuals safe from harm, threats, harassment, or intimidation. In the context of a Domestic Violence Order (DVO) in New South Wales, “violence” encompasses a broad range of behaviours beyond just physical assault. The NSW Crimes (Domestic and Personal Violence) Act 2007 defines violence to include any act that causes physical, psychological, or emotional harm. Specifically, it may involve:
- Physical Violence: This includes any form of physical assault or harm, such as hitting, pushing, slapping, or any form of physical aggression.
- Sexual Violence: Any act that is sexual in nature and non-consensual, such as sexual assault or other coercive sexual behaviour.
- Threats and Intimidation: Any verbal abuse or non-verbal behaviour that causes a person to fear for their safety, such as making threats, gestures, or actions intended to intimidate or frighten.
- Harassment: This involves repeated and unwanted contact, communication, or behaviour that causes distress or fear. Examples include following someone, excessive messaging, or other forms of persistent contact.
- Stalking: Any repeated following or surveillance of a person that causes fear or distress.
- Economic and Emotional Abuse: While not always defined as “violence” in the traditional sense, some orders may also cover behaviours like restricting financial access, controlling personal freedoms, or isolating the person from friends and family, as these actions can significantly impact the victim’s well-being and freedom.
The purpose of the DVO is to prevent these behaviours and protect individuals from harm, even if the behaviour has not yet escalated to physical violence. The scope of what constitutes “violence” is therefore broad, designed to capture any pattern of coercive, controlling, or harmful behaviour that puts someone at risk. Such an order can be made by the police or by an application to court.
A complaint to the police usually results in the perpetrator being issued with a AVO or DVO which is a civil order. Regretfully, I have occasions where a report to the police has been used as a scare tactic rather than as a result of any fear. In these situations, it is very difficult to have the order withdrawn by the police, and the resulting order may affect a person’s employment, residence or ability to travel.
The most common orders are made for 2 years duration and include:
The perpetrator must not do any of the following to the protected person or anyone they have a domestic relationship with:
- assault or threaten them.
- stalk, harass or intimidate them, and
- intentionally or recklessly destroy or damage any property or harm an animal that belongs to or is in the possession of the protected person.
Other orders may be made which may prevent the alleged perpetrator from living in the family home or same premises, or having contact with the protected person in any way other manner other than through a solicitor.
The consequences for violating a DVO in NSW are:
- Imprisonment: A person found guilty of breaching an AVO can face up to two years in prison.
- Fines: The court can impose a fine of up to $5,500.
- Additional Penalties: Breaching a DVO most usually results in a criminal record, affecting future employment, travel, and other legal matters. Repeat offenders, or those who commit severe breaches, may face more stringent penalties.
- Aggravated breach If the breach involves violence or threats of violence, penalties may be harsher. For example, if a breach involves physical harm, the court may consider this an “aggravated” breach, which can lead to a longer prison sentence.
The police in NSW take DVO breaches very seriously, especially in cases involving repeated behaviour, significant harm, or if a firearm or weapon was used.
I am providing advice to my clients regularly regarding AVO and DVO. If you or anyone you know needs advice regarding an AVO or DVO, please do not hesitate in contacting me.
Wishing you a wonderful day,
Jeffrey Choy
JCL Legal
0419 233 670
[email protected]
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Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice.