An Apprehended Domestic Violence Order or an Apprehended Violence Order (“AVO”) is an order that can be sought by the Police or an individual and made by the Local Court.
An AVO is designed to protect a person from someone they are currently or were previously in a domestic relationship with. The concept of a “domestic relationship” is a wide umbrella term that can encompass the following:
- Marriage;
- De-Facto relationships;
- Intimate personal relationships;
- Living together or having previously lived together in the same household;
- Being in a relationship of care, where one party cares for the other (either paid or unpaid);
- Relatives.
If there are ongoing parenting proceedings in the Federal Circuit and Family Court (“Family Court”), the Family Court is required to consider any allegations of family violence that the parties have made against each other. This means the existence of an AVO is a matter is of the utmost importance when there are ongoing Family Court parenting proceedings.
You should ensure you receive the best family law advice from a family violence lawyer in Sydney.
It is important to note that orders of the Family Court generally take priority over orders or restrictions imposed by AVOs. This means that if there is an AVO preventing you from seeing your children, and there are Family Court orders providing for you to spend time with your children, you should follow the Family Court orders.
Where the parties have children and an AVO places restrictions on contact, the Court will generally include the Condition 6 as part of the AVO.
Condition 6
You must not approach the protected person or contact them in any way, unless the contact is:
- ) through a lawyer, or
- ) to attend accredited or court-approved counselling, mediation and/or conciliation, or
- ) as ordered by this or another court about contact with children, or
- ) as agreed in writing between you and the parent(s) about contact with children.
or - ) as agreed in writing between you and the parent(s) and the person with parental responsibility for the children about contact with the children.
This condition allows for communication between the parties regarding parenting matters if this communication is had through a family lawyer. It also means the parties can attend counselling and mediation to try to come to an agreement on parenting arrangements.
If the parties are able to come to an agreement regarding parenting arrangements (and if there are no orders are in place) then contact between the respondent and the protected person pursuant to the agreement will not be seen as a breach of the AVO.
Whilst for the most part Family Court orders override an AVO, there may be conditions imposed upon the individual with whom the AVO applies.
An example of these imposed conditions could be:
- Not consuming alcohol either with or just prior to time with the children; or
- That the time with the children be supervised.
If you have been served with an AVO or you have concerns about domestic violence and need advice from a family violence lawyer in Sydney, please don’t hesitate to contact us for a free consultation for 15 minutes on (02) 8379 1892 or info@barkerevans.com.au.
