Is AVO civil or criminal?
It is important to understand that proceedings for an AVO are under the Civil Procedure Act 2005 (NSW) and are different to the way any criminal charges proceed. When AVO’s are in place with any charges there are technically two proceedings although linked proceedings.
How do you overturn an AVO?
Before it gets to court, an AVO can be sought by simply going to a police station and making a complaint- the police may then decide to take out a provisional AVO on behalf of the alleged victim. Alternatively, a provisional AVO can be taken out by simply attending and applying for one at a Local Court Registry.
An AVO is not a criminal charge. It is an order for your future protection. An AVO sets out restrictions on the other person’s behaviour, so that you can feel safe. If you have children, the order will also protect them.
What proof do you need for an AVO?
The criteria for granting a final AVO is that the Person In Need Of Protection (PINOP), ‘has reasonable grounds to fear and in fact fears’. If the court cannot be satisfied on the criminal standard that the offence is proven (but/however) on the civil standard the court can be satisfied in granting the AVO.
What is an AVO in Legal Aid NSW?
– Legal Aid NSW What is an AVO? An AVO is an Apprehended Violence Order. It is an order to protect victims of domestic violence when they are fearful of future violence or threats to their safety. They are sometimes called restraining orders or protection orders.
What happens if you breach the AVO in NSW?
An AVO breach is a criminal offence in NSW, carrying a jail sentence, fine, and a criminal record, prescribed in section 14 of the Crimes (Domestic and Personal Violence) Act (NSW). All AVOs contain specific conditions to protect a ‘person in need of protection’ (PINOP) named in the AVO.
What are the different types of AVO in NSW?
Apprehended Violence Orders (AVO) – NSW Police Public Site There are two types of AVOs: ADVO (Apprehended Domestic Violence Order) and APVO (Apprehended Personal Violence Order).
What happens when I apply for an AVO?
When you’ve made an application for an AVO, you’ll be given a court date. At court, the person the application is against (the violent person) can either agree to the order, oppose it, or ask for another court date to give them time to get legal advice.