What is AVO for Emotional Abuse?
An apprehended Violence Order (AVO) for emotional abuse is an order put in place by a court to protect a person against a proven act of threat or violence from another person in the form of emotional abuse.
Under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), an AVO is also known as a Restraining Order, a legal document restricting someone from doing certain things to another person.
What Is Emotional Abuse?
Emotional abuse, also called psychological abuse, is a form of manipulative behaviour that can affect a person's mental health and emotional well-being.
There may also be sexual, financial, or physical abuse going on at the same time in filing for an AVO for emotional abuse.
But it doesn't have to be combined with other types of abuse to be considered one.
It can be hard to explain what emotional abuse is at times.
Below is a list of examples to help you understand what it looks like, how it affects victims, and what signs to look for if you're worried you're loved one is going through the same thing.
What Are the Different Types of Emotional Abuse?
Any of the following can be a form of emotional abuse:
- Verbal Abuse: It may also be ongoing and repeated yelling and name-calling. You may also be able to get an AVO for verbal abuse.
- Constant Criticism and Rejection: Underestimating a person's actions, appearance and opinions repeatedly.
- Gaslighting: This is a form of psychological abuse in which the abuser tries to confuse the victim by twisting the truth and making them doubt their own judgement and instinct.
- Social Abuse: Isolating a person from friends and relatives or restricting who they may see or communicate with. It might also appear as an attempt to destroy your other relationships or reputation by sharing your pictures without approval and constantly tracking your activities wherever you go.
- Threats and Intimidation: Making the other person feel scared or unsafe all the time.
- Bullying and Humiliation: Putting the other person down or embarrassing them on purpose in public.
- Financial Abuse: Keeping a person from working or earning their own money to control them financially.
What Does an AVO for Emotional Abuse Do?
An Apprehended Violence Order (AVO) restricts the behaviour of the individual who is abusing you.
The court may impose additional conditions, such as requiring the abuser to leave your home or avoid getting near you.
After an order has been issued, it is illegal for them to break it, and you should contact the police if they do so.
Who Can Apply for an AVO?
You may apply for an AVO for Emotional Abuse if you:
- are experiencing verbal abuse
- are being intimidated, bullied, humiliated, or stalked by someone
How Do I Apply for AVO for Emotional Abuse?
You can start by calling the police and telling them what's happening. They can give you advice and might even fill out the application on your behalf.
You can fill out an application for an AVO for emotional abuse at a local court, which is called a "private application," or you can ask a police officer, a lawyer, or someone else you trust to do it for you.
It's highly advisable to talk to an AVO lawyer. You don't have to, but it's a grave order, and it's good to know your options and rights.
What Will I Say in the Application for AVO in Emotional Abuse?
You'll have to sign a legal document that says why you fear for your safety or the safety of your children and provide examples of the defendant's actions or verbal abuse.
What Happens Once You've Filed the Application?
Once you've successfully applied, you'll be given a court date. The police will then notify the defendant of the details and provide a copy of the application of AVO for emotional abuse.
That person can agree to the order, contest it (for which they will require a lawyer), or request another court date so they can seek legal advice.
What Should I Do if the Order Is Broken?
If the defendant threatens you, intimidates you, or does anything else that goes against the order, you should call the police, and they will look into it.
It is a crime to break the order.
Keeping proof of the violation is helpful.
For example, you could record abusive calls or keep a diary or notes of what happened.
How to defend an AVO for emotional abuse
If you choose to defend an AVO for emotional abuse, you will proceed to a court hearing.
The Applicant will present their case to the judge and try to get a final AVO.
You will need to put on evidence explaining your position.
Your AVO lawyers will also be there to cross-examine the PINOP.
After the Court listens to the evidence, the Court will either:
- make a Final Apprehended Violence Order (AVO), or
- dismiss the AVO and make no orders.
Another option would be to try and have the AVO dropped before it goes to a hearing.
This can be done by negotiating with the police or writing to them inviting them to drop the charges.
Our AVO lawyers have plenty of experience doing this, so get in touch with our team today.
What Are the Effects of Emotional Abuse?
Research has shown that adults who have been subjected to mental or emotional abuse are more likely to experience:
- Lack of contentment in relationships
- Anxiety and depression
- Low self-confidence
- Suicidal tendencies
- Increased physical health issues
Conclusion
Apprehended Violence Order (AVO) for emotional abuse is applied by a person who seeks protection against a proven act of threat or violence from another person in the form of psychological abuse.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.