Domestic Violence and/or Apprehended Violence Orders
Several different types of anti violence Orders can be applied for.
- Apprehended Domestic Violence Orders involve situations where a person has an apprehension of violence against them by another person with whom he or she has, or has had, a domestic relationship. The definition of a ‘domestic relationship’ is lengthy, but includes people who are or have been married, or who are or have been de facto partners or who have or have had ‘an intimate personal relationship with the other person (including a relationship not involving a relationship of a sexual nature), or persons who live or have lived in the same household together or people who have had a relationship involving dependence on the other person for paid or unpaid ongoing care’. It also could include people who are relatives of each other.
- Apprehended Personal Violence Orders cover the situation of an apprehension of violence between people who are not in any sort of domestic relationship, such as neighbours or 2 persons who work in the same workplace.
- Apprehended Violence Orders can include situations where there is an apprehension of actual violence but can also include an apprehension that somebody is stalking you or is seriously harassing you.
In regard to all types of anti violence Orders it is possible to obtain Provisional Orders — urgent Orders that can be applied for, by phone or by fax if necessary, from a class of authorized Police Officers even before the case comes to Court.
Additionally, what are known as Interim Orders can be made by a Police Officer or a Court. These are Orders which are in place as a protection or precaution until the Court has an opportunity to fully hear both sides’ evidence and to determine the case at a full Hearing.
If the Police refuse to take out an anti violence Order Application on your behalf you can go to the Court office and apply for an AVO yourself. We will be happy to assit you in that regard. Remember, we give a free, no obligation interview during which we can discuss with you what needs to be done.
Since the laws in regard to anti violence Orders were changed recently most anti violence Orders are commenced by the Police and are prosecuted in Court by the Police. It should be remembered that the Police Officers in most cases however will not have witnessed the incident or be able to give any direct evidence in regard to the the actions complained of. Whether or not the prosecution wins the case will usually depend upon what evidence the civilian parties and their witnesses (including CCTV which might be available if the incident occurred at a licensed Club, or at a McDonalds Restaurant, etc) present at Court. There are special rules in relation to the evidence, the way in which evidence and Hearings occur as well as special rules in relation to the onus of proof and what happens in regard to legal costs if a case is won or lost.
At Coode & Corry we are very experienced in handling these types of cases and can provide you with advice and representation. Remember that the first interview with us is a no obligation free of charge interview so do not hesitate to come and talk with us to obtain some initial advice about the strengths or weaknesses of your case and the possible outcomes.