Apprehended Violence Orders (AVOs)

Apprehended Violence Order

People who encounter some form of domestic abuse or any other can request the court to acquire an Apprehended Violence Order (AVO) from the court. No matter where the threat of future violence arises from, a court will impose the mandatory prohibitions of an AVO (Apprehended Violence Order) or an ADVO (Apprehended Domestic Violence Order) based on individual State or even Territory’s legislation.

The distinction between the two lies in the relationship between the defendant and the person requesting protection.

Applicant for an AVO in Australia

The Apprehended Violence Protection Order is accessible to any or all those who fear a potential and proven act of violence from another person. The violent action may possibly be “feared” by either a close or perhaps distant relation. However regardless of the State, distance, level of fear of action, you can fill out an application if the person is;

Anyone in an intimate personal relationship with you; involves your husband, wife, boyfriend, companion, and people in same-sex relationships.
Family relationship; sibling or even parents
A not so formal care relationship; including -people dependent on another person with regard to healthcare, dressing, cooking or perhaps living.
For Aboriginals, Torres Strait islanders; it could be a member of a kin, tribe, extended family members or other related, member of your kinship.

One of the most important things to do right now is to understand your options by seeking legal advice as soon as possible. In most cases, a claim for compensation with the TAC must be lodged within 12 months of the accident. Get in touch with us as soon as you can and we can help you with your next steps.

Click here to learn how to make a claim

Your entitlements

Even if you were at fault in the accident, you may be entitled to:

Medical expenses and care
Weekly payments for loss of income
Lump sum impairment benefits
Other expenses such as rehabilitation equipment and medical aids, and home and vehicle modifications

Understanding common law claims

In a road or transport accident case, a common law claim involves taking action against a negligent party. So, if another person was at fault for your accident and you have a serious injury, you may be entitled to claim damages through a common law claim.

For example, if the driver of the other car ran a stop sign, causing the accident, then you may be entitled to common law compensation. This can compensate you for your pain and suffering, loss of enjoyment of life, and past and future financial loss which is in addition to your other Transport Accident Commission (TAC) entitlements.

Meet the team

When you work with us, you’ll have your own team of legal experts looking after your case. Experienced and always working for your success, they will work closely with you to achieve the best outcome possible.

Frequently Asked Questions

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In-home or in-hospital appointments

We understand that there may be circumstances where you may not be able to travel.

We have offices nationwide.

We’ll make sure we can get to you.

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85 years of experience means we’re experts in the process

We’ve been representing injured people for over 85 years. We are efficient, know the system and are confident we can help you. The legal team looking after your claim will include your lawyer, legal assistants and some of the most highly trained support staff in the industry.

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Free social work services

We understand that seeking compensation is only one aspect of your journey after a life-changing accident. We know you need support, and we help provide it where you need it.

Contact us for a free initial appointment

We know that making a claim can seem daunting and it’s hard to know where to start. We can give you the information and guidance you need to assess your options,and help make the process less stressful. In this appointment, we’ll answer any questions and help you decide on the best course of action for you.

Learn more about your free initial appointment.

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Make a claim

You’ll need to make a claim with the insurance company or government agency that manages these types of claims in your State. In Victoria, this is the TAC.

Learn more about making a TAC claim

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We’ll gather your evidence

Once you choose Taxcellent Consulting Services, we’ll begin gathering evidence on the accident to prepare your case.

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You’ll attend joint medical examinations

So we can get a better understanding of your injury and the impact it has on your life you might need to get an independent medical examination to assess your injury. We’ll arrange these appointments for you.

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Resolving your case

We’ll help support you at every step of your journey to get you the compensation you deserve. While it’s very rare for cases to proceed all the way to court you can be confident of the best legal representation including a specialist barrister when it’s required.

Learn more about what to expect

No win, no fee*

Our insurance claim lawyers are experienced in winning fair compensation for our clients on a no win, no fee basis.

Our fees and agreements

Circumstances for Imposement of an Apprehended Violence Order by the court

The court can order an AVO against a person under s16 and s19 of the Crimes Act of Australia. Nonetheless before they issue any of these orders, the court must take into account certain possibilities and conditions. The things to consider stated in s17 and s20 of the Act, lets the court to make better judgments based on the relationship (or not) between the parties.

–The court will impose an AVO order to a party they find accountable if;

1. The court rules that the particular person has fair reasons to fear, or fears;

2. The commission by the other person of a personal violence offence against the person.

–The involvement of the other person in conduct in which the other person;

1. Intimidates the person

2. Stalks the person

3. The person reported participates in an act the court deems ought to require an AVO.

Getting an AVO is not criminal offence:

Getting an AVO doesn’t indicate to having a legal offence within your “national criminal history check”. It just indicates the court restricts you against particular actions and places. Furthermore, these orders may bring limitations to your privileges.Some of them involve;

Under the ss11 (5) (c) of the Firearms license; the court may prevent you from possessing a firearms license in case you got an AVO within the past 10 years.
For a proven offence of harassment or violence, you will be unable to obtain a security license. It is mentioned in the r18 Security Industry Regulations Act of 2007.
On the other hand, breaching the conditions of an order is a criminal offence in all States and Territories and the offence will also show up on a national police check in compliance with the spent convictions scheme where applicable.

It doesn’t cost you anything to know where you stand

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Apprehended Violence Orders (AVOs).