AVOs - APPREHENDED VIOLENCE ORDER - POLICE TAKE OUT AVO

Published 12 Sep 2011

CASE STUDY – AVOs – Apprehended Violence Order

The Facts: Husband and wife have an argument. The wife calls police but decides that things have calmed down and she really does not want any action taken. Despite this, police take out an AVO on behalf of the wife with restrictive conditions that prevent the husband from contacting the wife.

The Result: AVO withdrawn at Court. The wife gave evidence that she held no fears of her husband and did not want the AVO in the first place.

The police have the power to apply for an Apprehended Violence Order if they believe it is necessary. There seems to be public policy that if there is any risk of domestic violence, the police will apply for an order. Common sense might suggest that it would be appropriate to evaluate the situation after the parties have had an opportunity to think about what had occurred and then consider whether it was still appropriate to seek an Order.

If you need advice from a criminal lawyer, contact one of our criminal law specialists immediately at our Parramatta or Sydney office.