Our relationships and abuse

Despite most GLBTIQ relationships being based on love and commitment, there are instances where the relationship turns abusive. Such abuse may include physical violence, emotional blackmail or even financial control. In such a situation, it is important to know how to cope. There are multiple ways of dealing with violence in a relationship but one of the first important steps may be to apply for an Apprehended Violence Order, or AVO.
There are two categories of AVOs depending on whether the relationship between the parties is a domestic one, or a personal one. Same-sex couples are now included under the auspices of de facto domestic relationship. If you are making the application for an AVO you will be referred to as the Person in Need of Protection, or PINOP, and the person against whom the order is being sought is called the Defendant.
There are two ways of applying for an AVO. The first is where the police apply for an AVO on your behalf following an incident or complaint in which they have been called. The police have a strong obligation to do this if they have been called to an incident involving domestic violence between you and your partner. The second way is by attending your local court registry and speaking to the Chamber magistrate.
AVOs can be used to restrict your partner from engaging in a variety of behaviours including intimidation, threats, assaults and harassment. It can also restrict a person’s access to premises where you may live or work. The court has a wide discretion to impose restrictions or prohibitions that it considers necessary or desirable in any given case. Whilst an AVO is not a criminal offence, the breach of any order is and a breach of any order by violence may result in a jail term.
Once the application for an AVO is made, you will be given a court date and you and your partner will need to appear in court on that day. If the police have made the application for an AVO on your behalf, a police prosecutor will appear for you in court.
An AVO is not enforceable until it is served on the defendant or that person is present in court when the order is made.
However, in some circumstances usually following severe violence or abuse, an order can be made without the defendant being served or being present in court. A magistrate has the power to make a final order for up to five years and once this order is made it can only be amended through an application to the court regardless of whether the situation between the parties has changed.
For more information on applying for an AVO, and for what to do if you suffer physical or emotional violence in a relationship, see: ACON: Another Closet: Domestic Violence in Gay and Lesbian Relationships, http://ssdv.acon.org.au; Local Court Website: Apprehended Violence Orders, www.lawlink.nsw.gov.au/lawlink/local_courts/ll_localcourts.nsf/pages/lc_avo1.
This is an initiative of the NSW Young Lawyers Human Rights Committee. If you have any questions about this column, or would like information on a particular area of law, you can contact us on [email protected].