What are police assisted AVOs
An AVO or an apprehended violence order is an order for the protection of one person from another person in circumstances for the victim of physical assault, threats of physical harm, stalking, intimidation or harassment and has a reasonable fear to believe that this behavior will imminently continue. A person over the age of 16 or a Police Officer can apply for an AVO. Police will assess your situation, obtain a statement if required and if they believe and suspect that an ADVO is necessary to ensure your safety and protection, they have an obligation to make the application on your behalf.
Police AVOs are appointed by the police when it is determined that an individual needs protection from another individual and the circumstances deem it necessary.
The conditions of a AVO are
The defendant must not do any of the following to protected people, or anyone who has a domestic relationship with:
- assault or threaten;
- stalk, harass or intimidate; and
- deliberately or recklessly destroy or damage anything that belongs to protected people.
Restrictions put in place against the Defendant include the following:
- No longer being allowed to reside at the family home
- Not allowed to contact the protected person except through the use of a lawyer,
- Not allowed within a certain distance from the protected person/s residence, work or school.
- Not allowed to be in the company of a protected person for at least 12 hours after taking alcohol or drugs.
- Not allowed to possess any firearms or prohibited weapons.
- Not allowed to try and locate the Protected Person.
What to do if the victim does not want the accused person to be charged
Even if the victim doesn’t want criminal charges to be filed, they can still be filed by the police if there is enough evidence available. The NSWPF, following its guidelines and the law, makes the call on whether or not to pursue prosecution. Some individuals who report an incident to police later say they conducted their story to get them to retract the AVOs. Police will keep in mind the dynamics of domestic violence and the probability that the alleged victim’s admission of making up the story was due to fear or other pressures as they investigate the falsified report.
How to withdraw an AVO
Representation can be used to withdraw police assisted AVOs. Representations are large legal briefs submitted to the Police Department by a solicitor which can be used to get rid of or alter the terms of the AVO. Criminal charges like assault can be easily dropped with assistance of representation. An experienced AVO lawyer is able to help you with preparing representations to withdraw an AVO.
In summary, An AVO or an apprehended violence order is an order for the protection of one person from another person due to them being the victim of physical assault, threats of physical harm, stalking, intimidation or harassment and has a reasonable fear to believe that this behaviour vior will continue. Even if the victim doesn’t want criminal charges to be filed, they can still be filed by the police with the necessary evidence, however representation can assist in withdrawing or altering the terms of the AVO.
If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.