Don't Tolerate Domestic and Personal Violence: Know Your Rights and Get Protected

Good morning,

Apprehended Personal Violence Order/Domestic Apprehended Violence Order

Violence and intimidation in personal relationships is not tolerated in Australia.

This has been well recognised and the legislators have enacted the Crimes (Domestic and Personal Violence) Act 2007 in New South Wales to protect persons from various types of abuse, such as physical, psychological, emotional, sexual abuse including intimidation and stalking. When a person is in fear of their safety from another person, there are two types of Apprehended Violence Orders (AVO) available in New South Wales:

1. Apprehended Domestic Violence Order (ADVO) – these orders are made when the parties are related, living together, are living in the same residential facility, are in a carer relationship, or in an intimate relationship with each other. This includes individuals who were previously in such a relationship; and
2. Apprehended Personal Violence Order (APVO) – these orders are made if there is abuse being committed between people who are not related and do not have domestic relationship. This includes neighbours or work colleagues.

The Police, when they believe that a person is subject to such abuse, are able to issue a provisional AVO before the alleged assailant appears in Court. A person in fear may make their own application to the Court for an order. Any provisional order or order of the Court must include the following orders preventing the defendant from:

• Assaulting, threatening, molesting, harassing, or interfering with the protected person;
• Stalking or threatening the protected person; and
• Intentionally or recklessly destroying or damaging any property belonging to the protected person.
• And any other orders the Court believes that are necessary to protect the person.

Protection of people’s safety is very important. Requesting the Police or applying for an AVO should only be undertaken when the circumstances are appropriate. The Courts will not tolerate any person abusing another. The Courts and legislators recognise that abused will probably be pressured by their abusers to change their story. In recognition of this, the Courts accept as primary evidence, the recordings from the police body cameras or interview recordings, as primary evidence of what has occurred. Any retraction made by a person who has reported such abuse, will usually be considered as being made under duress. Because retractions are considered as being made under duress, it may not have the desired effect upon the judgment.

Regretfully due to the “law and order” agender of the political parties, police are almost instructed to issue an AVO when a matter of domestic or personal violence occurs. Unfortunately, I have had clients being subjected to AVO orders in circumstances where the accuser has whilst being extremely angry, vindictive or drunk, has rung the police and wrongly accused their partner or parent making false accusations which are recorded on the police body camera. Just recently my client, a 150cm lightly framed lady was pushed by her drunk 180 cm well-muscled husband who was angry with someone else at the time. She pushed him away which increased his anger resulting in him ringing the police making outrageous accusations when the police arrived. The police issued a provisional AVO and required my client to report daily to the police station. When the matter came to court I was able to have the reporting conditions removed. I considered at trial that there were reasonable prospects of success but my client did not want to go the questioning that would occur at hearing. I negotiated with the police to accept the guilty plea and support my submissions that the judgment be not recorded with a good behaviour bond. The police agreed to my submissions and my client is now on a 12-month good behaviour bond. Her partner is very sorry and our client has mostly forgiven him, however his teenage daughter has not spoken to him since the incident and has not forgiven her father for his actions.

In this case a moment of stupidity and reckless anger over nothing a family has been broken, in another case a son reported his father after his father shouted at him after he caught his son vaping. The father is on a good behaviour bond and has since forgiven the son but unfortunately his mother has not.

Family or personal violence must not occur and where warranted police should and must be called but calling the police in a moment of anger or spite can break families and relationships. If you need any assistance with either requesting or challenging an ADVO or APVO, please do not hesitate in contacting me.

Have a wonderful day,

Regards,

Jeffrey
0419 233 670
[email protected]
Please click to see more HERE
ps. I am available to discuss legal matters either in my office or by Zoom conference; please note that notary services must be undertaken in person.