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Kenneth Wilks Criminal & Traffic Lawyer

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Have-you-been-served-and-AVO

Have you been served with an AVO?

Apprehended Personal Violence Orders (APVO) and Apprehended Domestic Violence Orders (ADVO) are orders that restrict contact between you (the defendant or accused) and another person (the person in need of protection (PINOP)). These orders are more commonly known as AVOs. The difference between an APVO and an ADVO is that for an ADVO to be made you have to be related to the person or have been in a relationship with them at some point.

APVOs and ADVOs can either be Provisional, Interim or Final. Provisional orders are made by authorised officers or senior police officers. Interim orders can be made by the court when your matter first comes before the court and Final orders are made by the court once your matter has been finalised. All these orders are enforceable provided they were served on you personally or you were present in court when they were made.

Once you are served with an APVO or ADVO the orders restrict your conduct only and not that of the PINOP. If for example, one of the orders is that you are not to approach or contact the PINOP and if you contacted them by telephone you would be committing a criminal offence. If however, the PINOP contacted you by telephone they would not be committing an offence but you would be if you answered the telephone and spoke to them.

If you breach an APVO or an ADVO you will be charged with Contravene Apprehended Violence Order which is a criminal offence that has a maximum penalty of two years imprisonment or a fine of $5,500 or both.

I also have extensive experience in the Family Law jurisdiction. Often people are charged with domestic violence offences and served with an ADVO following the breakdown of a relationship. If there are children of the relationship and you find yourself before the Family Court the outcome of the domestic violence offences and or ADVO matters can have an enormous impact on the amount of time you spend with your children. It is therefore very important that you have legal representation for these matters. Having worked in both the criminal and family law jurisdictions I can assist you.

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