Apprehended Violence Orders
and Personal Protection Orders
An Apprehended Violence Order (AVO) or Personal Protection Order (PPO) are an order made by a court if it is satisfied on the balance of probability that a person has reasonable grounds to fear:
- The commission of personal violence by the defendant against the person seeking the AVO or PPO
- The carrying out of intimidating conduct by the defendant against the person seeking the AVO or PPO or
Stalking by the defendant of the person seeking the AVO or PPO
An AVO or PPO is not in fact a criminal charge and orders can be made on an ex-parte, interim or final basis.
While an AVO or PPO is not a criminal charge, they can still have serious consequences including:
- Immediate suspension of your firearms licence (if the AVO or PPO is an interim order)
- Revocation of your firearms licence (if the AVO or PPO is a final order)
- Requiring you to hand over any firearms in your possession or control to police
- Preventing you from applying for or renewing or firearms licence for a significant period of time
- The police will record in their records that an AVO or PPO was made against you
- Affecting your ability to work as a security or police officer
- Affecting your ability to work with children
Furthermore, if you breach the terms of an AVO or PPO, you will have committed a criminal offence.
FAQ's
An AVO is sought in NSW.
A PPO is sought in the ACT.
Other than this, they are essentially the same type of order.
If you intend to consent to the making of the AVO or PPO, or simply do not care about whether the order is made, then you may not require legal representation. That said, it would still be in your best interests to obtain formal legal advice to ascertain how the orders will impact on your particular circumstances.
If you intend to oppose the making of an AVO or PPO, then you should definitely seek assistance from a lawyer to ensure you fully understand the risks, consequences and options available to you.
If you wish to simply receive advice about the consequences of an AVO or PPO, BDN Lawyers will provide you with a simple fixed quote.
If you wish to oppose an AVO or PPO, then BDN Lawyers will provide a quote having consideration to:
- The amount and nature of evidence in support of the AVO or PPO
- The number of anticipated court attendances
- Whether a barrister is to be instructed