In Australia, two legal mechanisms that often come into play in situations involving potential harm or disputes are Apprehended Violence Orders (AVOs) and criminal charges. While both serve to maintain order and protect individuals, they differ significantly in their nature and consequences.
An Apprehended Violence Order, commonly known as an AVO, is a civil order designed to protect a person from violence, threats, intimidation, or harassment. It is not a criminal charge but rather a preventive measure intended to keep individuals safe. AVOs are typically sought by those who fear for their safety due to the actions or behaviour of another person. The person seeking the order, known as the protected person, can request specific conditions, such as prohibiting the defendant from approaching or contacting them. An AVO can have serious consequences on your life so it is important to get at advice from our team of AVO Lawyers Parramatta, Sydney and Blacktown. For more information on AVOs visit our page here.
On the other hand, a criminal charge is a formal accusation that someone has committed a criminal offense. It involves the state or government prosecuting an individual for breaking the law. Criminal charges can range from minor offenses like petty theft to more serious crimes such as assault or robbery. Unlike AVOs, criminal charges carry the weight of potential legal penalties, including fines, probation, or imprisonment.
One crucial distinction is that AVOs do not result in a criminal record for the person subject to the order. However, violating the conditions of an AVO is a criminal offense and can lead to charges. In contrast, being charged with a criminal offense means that the accused will go through the criminal justice system, potentially facing a trial and, if convicted, having a criminal record.
In summary, while both AVOs and criminal charges aim to maintain safety and order, an AVO is a civil order focusing on prevention and protection, while a criminal charge involves the formal accusation and prosecution of someone for violating the law, carrying the weight of potential criminal penalties and a lasting record. Understanding these distinctions is crucial for anyone involved in legal proceedings or seeking protection in situations of potential harm.