How do you apply for an AVO with the NSW Police?
The Power of Police to Issue on the Spot AVO’s
The power of police to issue Apprehended Violence Orders (AVO’s) has been expanded. Previously provisional AVO orders had to be granted by a magistrate, registrar or other authorised person by the attorney general department, specifically not a police officer. The power now allows a senior police officer, that is a police officer above the rank of sergeant to apply for a provisional AVO.
How long does a provisional AVO last for?
A provisional AVO lasts for 28 days. The matter will be brought before the court and orders can then be made to continue the provisional order, also called an interim AVO until it is finalised or dismissed.
How to Police determine if a provisional order should be made?
The police officer has the power to make a provisional order where they have reasonable grounds for doing to. They need to consider how important it is to protect the people they are concerned about. The police officer needs good reason to believe the persons in need of protection faces immediate danger of injury or damage to property.
The police officer who makes the provisional order cannot be the police officer in charge of the case or investigating the incidents that give rise to the need for an AVO.
What happens after a order is made?
The order made by police is not a final order. An order can only be finalised in court. When the order is brought to court the defendant will have to opportunity to agree to the AVO without making admissions, with admissions or defend the AVO at a hearing.
What will happen if I breach a provisional order?
It is important to remember that if you breach the provisional orders under the AVO you can be charged with a criminal office of breach of AVO which carries a term of 2 years imprisonment. This is a serious offence.
For more information on the penalty for breaching
If you have a provisional AVO made against you whether it originates from the local court by police you should contact a lawyer who specialised in defending AVO’s. LY Lawyers specialise in a range of AVO related matters including property recovery orders where the AVO prohibits access to property.
For more information on breaching AVOs and to see case studies where we have represented others, go to:
LY Lawyers are always available to help 24/7 on 1300 595 299.