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HOMEWhat to Do When You Encounter Domestic Violence in Australia: A Guide to AVO and IVO
Domestic violence is a serious issue that affects thousands of individuals across Australia every year. While the government and various organizations have made significant strides in raising awareness and providing resources for victims, many people still struggle to understand their legal options. One crucial legal measure for protecting victims is the issuance of an Apprehended Violence Order (AVO) or an Intervention Order (IVO). These orders are designed to provide immediate legal protection from domestic violence and harassment. In this article, we will explore the steps you should take if you are experiencing domestic violence, and how you can apply for these protective orders.
What is Domestic Violence?
Domestic violence refers to any form of abuse or violence occurring within a family or intimate relationship. It includes not only physical abuse but also emotional, psychological, and sexual violence. Domestic violence can affect individuals of any gender, age, or background and often leads to long-lasting physical and mental health consequences.
Types of Domestic Violence
Physical Abuse: Hitting, slapping, kicking, or any form of physical harm.
Emotional/Psychological Abuse: Threatening, controlling, or manipulating the victim.
Sexual Abuse: Any unwanted sexual activity or coercion.
Economic Abuse: Controlling or limiting access to money and resources.
Verbal Abuse: Using language to demean, humiliate, or control the victim.
What Are AVO and IVO?
In response to the growing issue of domestic violence, Australia has put in place legal measures to protect victims through Apprehended Violence Orders (AVO) and Intervention Orders (IVO). These orders help prevent further violence or harassment by imposing legal restrictions on the alleged abuser.
Apprehended Violence Order (AVO)
An Apprehended Violence Order (AVO) is a legal order issued by a court to protect an individual from domestic violence, harassment, or intimidation. It is most commonly used in New South Wales (NSW), where it provides immediate legal protection for those at risk of violence.
Types of AVOs
Apprehended Domestic Violence Order (ADVO): This order is issued when there is evidence of domestic violence in the family or intimate partner relationship.
Apprehended Personal Violence Order (APVO): This order applies to situations where the relationship between the victim and the perpetrator is not domestic (i.e., they are not family members or intimate partners) but still involves violence or threats.
Intervention Order (IVO)
An Intervention Order (IVO) is similar to an AVO but is used in other states like Victoria and South Australia. It is designed to provide protection for victims of domestic violence and harassment.
Types of IVOs
Family Violence Intervention Order (FVIO): This order is designed to protect individuals in a family violence situation, including partners, children, and other family members.
Personal Safety Intervention Order (PSIO): This type of order is used when there is violence or threat but no familial relationship between the victim and the perpetrator.
Steps to Take When You Encounter Domestic Violence: How to Apply for AVO or IVO
If you are experiencing domestic violence in Australia, it is important to know that you have legal options for protection. Here is a step-by-step guide on what to do and how to apply for an AVO or IVO:
Seek Immediate Safety
The first and most important step is ensuring your safety. If you are in immediate danger, call 000 to reach emergency services. If possible, leave the environment and go to a safe place, such as a friend’s house, a family member’s home, or a shelter.
Contact the Police
If you are not in immediate danger but are facing ongoing violence or threats, contact the police as soon as possible. Police can assist you in applying for an AVO or IVO, especially if you are unable to make the application yourself. They can also advise you on the legal steps you need to take and may issue a provisional order in urgent situations, even before a court hearing.
Apply for an AVO or IVO
In many cases, you can apply for an AVO or IVO by going to the local court or making an application through the police. The procedure for applying can vary slightly by state, but the general process involves the following steps:
Filling out an application: You will need to provide detailed information about the abuse, including any evidence such as photos, medical records, or witness statements.
Attending a hearing: A court hearing will be scheduled where both you and the alleged abuser can present your case. If you are unable to attend, you may still proceed with the application through your lawyer or police representative.
Receiving a provisional order: If there is an immediate risk of harm, the court may issue a provisional order that provides temporary protection until the full hearing can take place.
Court Hearing
During the court hearing, you will have the chance to present your case, and the alleged perpetrator will also be given the opportunity to respond. The court will review all the evidence presented before deciding whether to issue a final order. If the court grants the order, the perpetrator must comply with its terms, or they risk facing criminal charges.
Follow Through with Legal Protection
Once the court has issued an AVO or IVO, the order will be legally binding. The order may include conditions such as:
The perpetrator must not contact or approach you.
The perpetrator must stay a certain distance away from your home, workplace, or children’s school.
The perpetrator may be prohibited from owning firearms or other weapons.
Seek Additional Support
Although the AVO or IVO will offer you legal protection, it is important to also seek other forms of support:
Support services: Contact organizations such as 1800RESPECT for confidential counseling and guidance on your legal and personal options.
Emergency shelters: If you need a safe place to stay, consider seeking refuge in a domestic violence shelter.
Legal advice: You may want to consult a lawyer who specializes in domestic violence cases to guide you through the legal process.
What Happens if the AVO or IVO is Violated?
If the perpetrator violates the terms of the AVO or IVO, they can face serious legal consequences, including criminal charges, fines, or imprisonment. It is important to keep a record of any violations, such as text messages, phone calls, or any other forms of contact, and report them to the police immediately.
Support Services for Domestic Violence Victims
While AVOs and IVOs provide legal protection, there are many support services available to help you deal with the emotional, psychological, and practical impacts of domestic violence. These services include:
24/7 Helplines: Call 1800RESPECT (1800 737 732) for free, confidential counseling and support.
Shelters and Safe Houses: Various shelters provide temporary accommodation and support for women and children fleeing domestic violence.
Legal Aid: Many states offer legal aid services to help you navigate the process of applying for an AVO or IVO and to represent you in court.
FAQs about Domestic Violence, AVO, and IVO in Australia
An Apprehended Violence Order (AVO) is used primarily in New South Wales (NSW), while an Intervention Order (IVO) is used in Victoria, South Australia, and other states. The terms are essentially the same and serve the same purpose: providing legal protection to victims of domestic violence or harassment. The primary difference lies in the terminology used across different jurisdictions.
Yes, you can. Domestic violence does not require cohabitation. If you are in an intimate relationship or have been subjected to violence or harassment from a family member or partner, you can apply for an AVO or IVO, regardless of whether you are living with the abuser.
The process typically involves a court hearing. If you need immediate protection, the court may issue a provisional order on the same day, which lasts until the full hearing. The full process may take anywhere from a few weeks to a few months, depending on the complexity of the case and the jurisdiction.
You are not required to have a lawyer to apply for an AVO or IVO. However, having legal representation can be helpful, especially if the case is complex or if you are unsure about how to present your evidence. Some legal services offer free advice for domestic violence cases.
If the perpetrator violates the terms of the order (such as contacting you, coming near your home, or using violence), they can face serious consequences. These can include criminal charges, fines, or imprisonment. It is crucial to report any violations to the police immediately.
Yes, an AVO or IVO can be varied, extended, or revoked if circumstances change. If the person protected by the order wishes to modify or remove it, they can apply to the court to have the order changed. However, the court will need to consider whether the removal or change is in the best interests of the victim.
There is no strict time limit for applying for an AVO or IVO, but it is always advisable to apply as soon as possible after an incident of domestic violence or harassment. Delays may make it more difficult to present a strong case.
Take Control and Seek Protection
Domestic violence is a serious issue in Australia, but there are legal protections available to help victims regain control of their lives. If you are facing domestic violence or harassment, applying for an Apprehended Violence Order (AVO) or an Intervention Order (IVO) is one of the most effective ways to protect yourself. By following the steps outlined in this article, you can seek legal protection, ensure your safety, and take the first steps toward ending the cycle of abuse.
If you need assistance, don't hesitate to reach out to local police or domestic violence support services. There are many organizations and professionals available to help you navigate the legal process and provide the support you need to rebuild your life.
This article is for informational purposes only and does not constitute legal advice. For specific guidance, please consult with a legal professional or contact 1800RESPECT for support.
