NCJ Number
236172
Date Published
March 2012
Length
15 pages
Annotation
New South Wales (Australia) has a law that enables individuals to apply for Apprehended Personal Violence Orders (APVOs) when they believe they are in danger of violent victimization by a specific person who has engaged in threatening behavior toward the APVO applicant; this study examined whether a significant number of APVO applications have been frivolous or otherwise inappropriate.
Abstract
If an APVO is granted, the court can place restrictions on the defendant's behavior that will enhance the safety of the protected person. For an APVO to be granted, the court must be satisfied on the balance of probabilities that the person needing protection has reasonable grounds to fear and in fact fears that the defendant will commit violence, stalking, or intimidation against the APVO applicant. In order to determine whether the APVO process is being abused or misused in New South Wales, this study conducted an online survey of 210 New South Wales magistrates and registrars in order to determine their experience in APVO hearings. Just over two-thirds of magistrates and registrars surveyed reported that frivolous or groundless APVO applications never, rarely, or only occasionally occur. One in 10 of the respondents reported that they have dealt with these types of APVO applications. Such applications typically involve trivial/insignificant matters or a single act of harassment; such applications most often involve disputes between neighbors or acquaintances/former friends. The study concludes that despite recent media reports that APVOs are overused and abused in New South Wales, the current study indicates that only a small proportion of APVO applications are clearly frivolous or unwarranted. 11 figures, 3 tables, 6 references, and 8 notes