AVO vs. DVO: Key Differences in Australian Domestic Violence Orders

Both Apprehended Violence Orders (AVO) and Domestic Violence Orders (DVO) are both court orders designed to protect people from domestic violence and harassment. Apprehended violence orders (AVOs) is a term that is often used interchangeably with Domestic Violence Orders (DVOs). But what exactly is the difference between them? Understanding the distinction can help clarify how the legal system works to protect victims of abuse across Australia.

AVO (Apprehended Violence Order)

An AVO is a term commonly used in New South Wales (NSW) and refers to a court order designed to protect an individual from harm. There are two main types of AVOs:
  • Apprehended Domestic Violence Orders (ADVOs): These are specifically for cases of domestic violence, where the court makes an order to protect someone from a partner or family member who poses a threat.
  • Apprehended Personal Violence Orders (APVOs): These apply in situations where the threat comes from someone who is not a family member, such as a neighbor, colleague, or acquaintance.
AVOs are a key legal tool in NSW to help prevent violence and ensure the safety of individuals at risk.

DVO (Domestic Violence Order)

A DVO, on the other hand, is the term used in Queensland to describe an order that protects individuals from domestic violence, specifically for cases where parties are family members or have been/are in a romantic relationship. A DVO can include a variety of conditions, such as prohibiting the respondent from contacting, approaching, or coming near the protected person. Similar to AVOs, DVOs are issued by the court and are designed to provide immediate protection for those at risk of domestic violence.

Key Difference

The biggest difference between an AVO and DVO is purely location, as in Australia different states use different names for the court orders. In Queensland it is referred to as a DVO and in New South Wales it is referred to as an AVO. Despite the difference in names, both orders serve the same fundamental purpose: to provide legal protection for victims of domestic violence.
While both orders function similarly in providing safety, the application process, legal framework, and conditions can differ slightly from state to state. For example, the requirements for obtaining an AVO may vary from those needed to apply for a DVO, reflecting the different legal systems in each jurisdiction.

Conclusion

The difference between an AVO and a DVO is largely about jurisdiction and terminology. In NSW and the ACT, an AVO is used to protect victims of domestic violence, while in Queensland, the term DVO is applied. Regardless of the name, both types of orders serve the critical role of safeguarding individuals from harm. Understanding which type of order applies in your area is essential when seeking legal protection from domestic violence.

If you would like to speak with a DV Solicitor about your situation, call (07) 2113 4645 to schedule an initial consultation.
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