AVOs and Family Violence
An AVO is like a warning to someone, to make them stop hurting or scaring people. When there is an AVO against someone in your family it can get confusing, and you might have lots of questions - this video provides some of the answers.
Helpful links and other information can also be found at the bottom of this page. If you are in an URGENTLY unsafe situation you may want to call:
132 111 - Child Protection Helpline
1800 656 463 - Domestic Violence Line or
1800 55 1800 - Kids Helpline
000 – Call triple 0 for police or ambulance
How to clear your search history - so others can not see that you have visited this page on the computer
What you need to know about the AVO
Domestic Violence / AVO “All About AVOs”
HOUSE - EVENING
Jai, a 15 year old boy, is sitting at a desk in his bedroom doing his homework. There are sounds of aggressive yelling, screaming, slamming doors and breaking things in the background. There are images of a bottle of alcohol on its side with a glass and a broken plate. Close up of Jai, who is startled and worried by the noise. He keeps trying to do homework and then he puts his head in his hands and then puts his head on the desk.
JAI VOICE OVER:Violence towards anyone is a crime - even in the home.
Domestic violence isn't just hitting. It can be controlling or threatening someone in your family, and making them feel scared.
There are sounds of fighting and of knocking on the front door in the background.
The police are knocking at the front door. There are blue and red lights flashing on a police car. Jai’s father leaving the house with an overnight bag followed by a police officer.
JAI VOICE OVER:Police can arrest people that use violence. They can also take out an AVO to protect victims of domestic violence, including kids.
Jai is at the front door, watching his father leaving. We hear his thoughts...
JAI VOICE OVER:An AVO is a legal order. I hated that dad scared us so much, but I was sad that he had to move out of the house, coz of the AVO.
police officer is talking to mum as Jai looks on.
JAI VOICE OVER:And I was angry at mum. I blamed her for getting dad kicked out, but it wasn’t her fault.
A POLICE OFFICER SPEAKS TO CAMERA (DOMESTIC VIOLENCE LIAISON OFFICER- DVLO)
A text box on the screen states she is Constable Genelle Warne: Domestic Violence Liaison officer: NSW Police Force.
DVLO TO CAMERA:It’s often the police that take out the AVO – even if your mum doesn’t want it. We do this for your protection. Even if you or your mum don’t want it we can’t change that. Only the court can do that.
Background to start of a court case: A text box on the screen states “Local Court- AVO hearing”.
MAGISTRATE:Mr Prosecutor what do you have for us today.
PROSECUTOR:Your Honour, Sergeant Greevy appearing on behalf of the applicant—(fades to still screen of the court scene and voice over).
LEGAL AID LAWYER:Voice over the court scene. The words “AVO-Apprehended Violence Order” appear on the screen followed by another screen of the court scene the words “protect victims from violence or the fear of violence”.
LEGAL AID LAWYER VOICE OVER:AVO stands for Apprehended Violence Order. An AVO is ordered by a Local Court. It’s to protect victims from violence or the fear of violence.
LEGAL AID LAWYER DIRECT TO CAMERA. Behind him is a red, black and white striped background:
LEGAL AID LAWYER VOICE OVER:An AVO itself is not a criminal conviction. But it can become criminal if you break the conditions ordered by the court. There are lots of different things an AVO can say. And every case is different. For example, for Jai's dad there was a condition that he stay away from the family home for 12 months.
LOCAL COURT ROOM:Back to the scene of the court in session. JAI’S FATHER’S LAWYER: Your Honour I am advised that my client consents to the interim orders without admissions. He would also like the court to note that he will be seeking unsupervised contact.
JAI VOICE OVER THE COURT SCENE:My dad agreed to the AVO, but he wanted to be able to see me without him breaking the AVO. So he got a family lawyer and they worked out a way for me to see him sometimes.
Replay of the scene of Jai’s dad leaving the house with the police officer. Jai is watching him leave from the front door. We hear Jai’s voice
JAI VOICEOVER:The way I see it, an AVO is just like a warning to my dad to stop hurting us and scaring us. But I had heaps more questions about how it was going to work. Turns out, I wasn’t the only one.
CUT TO QUESTIONS FROM A SERIES OF INDIVIDUAL KIDS WHO SPEAK TO THE CAMERA. THEIR QUESTIONS ARE ANSWERED BY THE LEGAL AID LAWYER SPEAKING DIRECTLY TO THE CAMERA. The lawyer and the children appear in front of a striped red, white and black background. As the lawyer answers their questions a few words appear on the screen beside their images.
KID #1:Will my dad go to gaol? (Words on screen are AVO and Jail.)
LEGAL AID LAWYER:No, not because of the police asking for an AVO. He is not being arrested. But if he had been violent, and the police had proof, they could arrest him and charge him with assault - as well as taking out an AVO.
KID #2:Can I still see my dad? (Words on the screen are See dad and AVO.)
LEGAL AID LAWYER:Well, it will depend on what the court orders when it makes the AVO. But your dad can tell the court that he wants to see you. If it’s safe, the Magistrate can order a condition that he can see you.
KID #3:Can my dad fight the AVO? (Words on screen are Fight and AVO.)
LEGAL AID LAWYER:Yes, he can oppose the AVO at the court. The police will argue their reasons for taking out an AVO and your Dad can say what he thinks. It’s up to the court to decide.
KID #4:How long will the AVO last? (Words on screen are How long and AVO.)
LEGAL AID LAWYER:An AVO can be for months or for years, depending on what the court decides. If there is no date on the AVO it means it’s valid for 12 months. But you just can't just decide you don't need the AVO. The police can arrest your dad if he breaks the conditions, and then it can mean serious trouble, fines, even gaol.
JAI:So can an AVO stop my dad from drinking? (Words on screen are Drinking and AVO.)
LEGAL AID LAWYER:Not really. But there is a special order that can be added to an AVO that says he can't drink or take drugs within 12 hours of seeing you or coming to your house.
KID #5:I want my mum to take my name off the AVO. Can she do that? (Words on screen are My name and AVO.)
LEGAL AID LAWYER:No. If kids are included, only the police can ask for the AVO to be changed.
KID # 6:Will the police question me about my dad before they go to court for an AVO? (Words on screen are Question me and AVO.)
LEGAL AID LAWYER:Yeah. They may want to speak to you. It’s their job to get as much information as possible. But, remember that if you don’t feel comfortable or don’t want to speak to the police officers, you do not have to. You will not get into trouble if you don’t want to speak to them.
KID #7:Can I get my own AVO? (Words on screen are My own AVO.)
LEGAL AID LAWYER:No. No, you can’t apply for your own. Usually the police ask for one that covers children. And sometimes kids are covered by another family member's AVO.
KID #8:If my mum and dad split up, will I have to choose who I want to live with? (Words on screen are Family Court and Who I live with.)
LEGAL AID LAWYER:Usually, parents work that out between themselves. They’ll agree on where the children live and how they spend time with the other parent. But if they can’t agree, they might go to court. That’s the Family Court. A judge will listen to the different views and then make a decision.
KID #9:Do I have to go to court and tell them what I want to happen? (Words on screen are Do I go to court and Family Court.)
LEGAL AID LAWYER:Kids do have a say, but they don’t have to go to court. What they want is told to the court in different ways, usually by the Independent Children's Lawyer. That’s an ICL. They speak up for you in the court.
KID #10:How do I get an ICL? (Words on screen are ICL and Independent Children’s Lawyer.)
LEGAL AID LAWYER:That a good question. The Court will make an order and ask Legal Aid to find a lawyer for you.
LEGAL AID LAWYER SPEAKS TO CAMERA:And remember an AVO is about protecting you and your family because what we all want is what’s best for kids
THE COURT SCENE WITH A VOICEOVER BY JAI.
JAI VOICE OVER:Anyhow, I learnt lots about AVOs and how different courts have different rules. Best of all, ...
SCENE OF JAI GREETING HIS DAD WITH A HUG OUTSIDE OF A COFFEE SHOP.
JAI VOICEOVER:.... I got to see my dad. The court said that I can see him during the school holidays - and I made sure I put the dates in my phone.
Fade out on Jai walking in a park with his dad.
---END---
END NOTES:
This story and the characters in it are made up and not based on any actual people or their situation.
Legal Aid NSW acknowledges the generous assistance of the NSW police force in the creation of this video. This video has been developed by Legal Aid NSW and all the information provided is the responsibility of Legal Aid NSW.
The information in this video is a general guide to the law. It should not be relied on as legal advice and it is recommended that you talk to a lawyer about your particular situation. At the time of production, the information shown is correct but may be subject to change.
If you need legal help or referral contact: LawAccess NSW on 1300 888 529 or www.lawaccess.nsw.gov.au.
Copyright Legal Aid NSW 2014.
Produced by eegenda.
Helpful Links
- Lawstuff Australia Information on domestic violence from Lawstuff.
- Bursting the Bubble This website helps you to work out what's okay in a family and what's not.
- Love: the good, the bad and the ugly A guide for young women on love, respect and abuse in dating relationships.
- Domestic Violence Line 1800 656 463 If someone is hurting you or you are feeling unsafe at home, you can call this number 24 hours a day, seven days a week, to get help. It is a free call.
- Kids Helpline 1800 55 1800
This site for young people has info about family separation. There is help for kids and for teens. You can also call the helpline for free on 1800 55 1800 or contact them online.
For kids click here
For teens click here - Domestic Violence NSW A site that provides information about domestic violence and who to contact if you need help. It has ideas on what to do if you are a victim of violence and practical info about how to improve your safety.
- Reachout – info for teens about abusive relationships Facts sheets, personal stories and advice about surviving abusive relationships, getting out and moving on.
- Domestic Violence Prevention Centre Information on what domestic violence is, how to identify it, what to do about if it’s happening to you and how to get in touch with services if you need help.
- 'Youth say no!' Resources about family and domestic violence at home or in a relationships, and about supporting a friend or relative experiencing abuse. Contact details on this Western Australian site are for Western Australia, and some other state and national services.
- Reachout — domestic violence info and strategies Lots of info for young people about relationship violence, including what to do about it, where to go, what are your rights and how to get help.
- The Line – covering relationships, sexuality and gender A site for young people that explores all kinds of relationship issues, including gender, sex, respect, technology and communication.
- Kids’ Health – how to keep yourself safe from child abuse Info for younger kids about how to protect yourself from child abuse, including who you should talk to if it’s happening to you.
Useful Publications
- Trouble at Home – living with family violence A helpful brochure for young people about what is family and domestic violence, why it’s happening and how to change your situation. Contact details on this Western Australian site are for WA and some other state and national services.
- Bursting the Bubble – working out if something’s not right at home A booklet for teenagers living with abuse in their families, including how to identify and deal with domestic violence, neglect, physical, sexual or emotional abuse.
- Love: the good, the bad and the ugly – how to manage when love hurts A booklet for young people aged 14 to 20 about love, dating and sex, and what to do when things go wrong. Includes a quiz, personal stories and advice.
- Sex, Love and Other Stuff – info for young men about navigating sex and relationships A booklet designed for young men, by young men, which looks at sex, relationships, power and respect.
- Dating Violence – what is and isn’t OK in relationships A publication on how to pick the signs of an abusive relationship, what’s healthy and what’s not, and what to do about a bad relationship. Includes common myths about relationships and first-hand accounts.
Other Videos & Resources
- Frequently Asked Questions on Domestic Violence
- Information on AVOs from Legal Aid NSW
- White Ribbon Australia breaking the silence video Young people talk about domestic violence and creating respectful relationships.
- Tune In Not Out- TINO TV Safety and Violence TV for life's challenges. There are videos, factsheets, stories and blogs about many topics across Australia to explore.
