Responding to an Apprehended Violence Order What to do if someone is asking the court to make an Apprehended Violence Order against you. Before deciding what to do you should understand the basis for courts making Apprehended Violence Orders and the consequences of an Order being made. Is Legal aid available? Legal aid is not available to defendants in Apprehended Personal Violence (APV) or Apprehended Domestic Violence (ADV) proceedings unless there are exceptional circumstances. It is worth applying for legal aid to make sure. If legal aid is refused, at least you will be able to get some free legal advice from the solicitor who will determine your legal aid application. It helps to understand some of the legal terms which are used in court. ADV - complaints or orders A complaint or order where the people involved are related or have had a domestic or personal relationship. Complainant The person asking the court to make an order. The complainant starts the proceedings by making a Complaint to a Chamber Magistrate who issues a summons. Often the complainant will be a police officer. If the complainant is a police officer, the police prosecutor will appear in court. APV - complaints or orders A complaint or order where the people involved are not related and do not have any domestic or personal relationship, eg. they are neighbours. Person In Need of Protection (PINOP) The Person In Need of Protection (PINOP)/ Protected Person is the person for whose protection an order is sought or made. Defendant The person against whom an order is sought or made. When can the Court make an Order? The magistrate can make an Apprehended Violence Order if either: a defendant consents to an order being made or if, evidence is heard and it is proved that the person in need of protection in fact fears violence or harassment or some other behaviour that justifies an Order being made. The magistrate also has to be satisfied that there are reasonable grounds for those fears. The Court must make an order when a defendant has been found guilty, or pleaded guilty, to a domestic violence offence or an offence involving intimidation or stalking. What can you do? You have two choices 1. Consent to an order. If you agree, the Order will start immediately and last for however long you agree to. You will not have to come back to court unless you are charged with breaching the Order. By consenting to the Order you do not have to agree with what the complainant says happened. This is called consenting without admissions. You should carefully consider the consequences of an Order being made, especially if you disagree with any of the allegations in the complaint. If an Order is made and the complainant alleges that you have breached it, then you may be sent to gaol and it can be difficult to get bail. 2. Not consent to an order. If you do not agree that the person in need of protection should get an Order, the court will put the case off to another day to hear the evidence. At the hearing, you can ask the complainant and any witnesses questions. You can also give evidence yourself and the complainant (or their lawyer) can ask you questions. The person seeking the order will need to convince the magistrate that an order should be made. If you do not consent to an Order, the court is likely to make an Interim Order or place you on bail until the matter can be heard. The court can also temporarily suspend or vary any family law orders. After the Magistrate has made an Interim or other order, such as an Order by Consent, you will be served with a copy of the Order. What are the consequences of an Order being made? An Order itself is not a criminal conviction. If an Order is made this will not give you a criminal record. However, it is important that you know there are other consequences: Your freedom will be restricted by the terms of the order The police keep a record of the order on a database. The database can be accessed in the future. If you have any firearms, you must give them to the police. Your licence or permit to own a firearm is automatically revoked.* You cannot be given a new licence until 10 years after the Order has ended. You can be given a licence if the Order is revoked. An Order can also affect licences to work as a security officer. You are treated as disqualified from serving on a Jury. What happens if you breach an Order? If it is claimed that you breached a condition of the Order, it will be difficult to get bail. If it is claimed that the breach involved violence and that you have a history of violence, then it will be even more difficult to get bail. If you are convicted of a breach of the Order which involves violence, then it is likely that you will receive a gaol sentence. The maximum penalty for breaking an Order is a fine of $5,500 and/or up to two years in prison. If you are found guilty of a breach of an Order, you will get a criminal record. Even if the protected person actually wants or invites you to do something which would be a breach of the Order, you can still be convicted of the criminal offence of Breach Apprehended Violence Order. For this reason, if circumstances change between you and the protected person, it is very important for you to go back to court to change or cancel the Order. *Disqualification is automatic in the absence of a specific order by the magistrate.

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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.