NCJ Number
198430
Date Published
November 2002
Length
166 pages
Annotation
This study reviewed whether current law in New South Wales (Australia) regarding Apprehended Violence Orders (AVOs) was achieving its objective of preventing existing or potentially violent situations from escalating.
Abstract
The AVO in New South Wales (NSW) is intended to restrain persons who are believed by the court to have or are likely to commit violence against the AVO applicant. The intent of the AVO is to protect the person granted the AVO from the person so restrained. New South Wales' statutory specifications for AVOs are in Part 15A of the Crimes Act 1900. Since the introduction of AVOs in NSW 20 years ago, the number of applications has increased dramatically. Although AVOs originated as a means of preventing domestic violence, they are now able to be sought generally, regardless of whether the applicant and defendant are in a domestic relationship. This review of current AVO law first details the provisions of the law, followed by an analysis of the consequences of an AVO. This analysis addresses what happens after the court makes an AVO vis-a-vis the applicant and the defendant, what happens to the defendant and the applicant if the defendant breaches the AVO, and what happens if the applicant contributes to the breach. The miscellaneous issues considered are cross applications, multiple applications, variation and revocation, and the appeals process. A separate chapter examines elements of stalking and intimidation as covered in current NSW AVO legislation. This review is advised by its authors to be an identification of some relevant issues regarding Part 15A, without providing definitive conclusions. In order to gauge the effectiveness of Part 15A, the NSW Law Reform Commission needs to know how the provisions operate in practice. This report is designed to promote discussion and generate responses to the policy and procedural issues surrounding AVOs. 41 references