How To Get An AVO: Step-By-Step Process, Conditions, And Application

How To Get An AVO

To get an Apprehended Violence Order (AVO) in Australia, you will need to go through a few steps. They are:

• Step 1: File for the application.
  • You will need to get the application through the local court or the police. If you do not wish to involve the police, then you will need to visit the local court and file an application form. The court will then process the form and file the notice to be sent out to the defendant.
  • If you are having domestic or personal violence, then you need to file for immediate protection, which can be reported at the police station. An investigation will be conducted and an application for AVO on the victims behalf. To add on, the police will prepare a statement to serve to the defendant.
• Step 2: Notice to be served to the defendant.
  • Once the application has been filed by the courtroom police, then it will be sent to the defendant.
  • The court will then come up with a notice to be sent to the defendant via a server or court officer.
  • If the notice was applied by the police, then they will serve the statement to the defendant.
  • The defendant will then have to attend court on the specified date to respond to the statement. Failure to attend court will cause the court to proceed with the application.
• Step 3: Both parties will need to attend the court hearing to present the statements.
  • Both parties will provide opening statements and present the case.
  • Witnesses are called by both parties to provide evidence while being examined by the lawyers.
  • Additional evidence may be presented to support the case.
  • The final submission will be sent to the magistrate to summarise the case as to why the AVO should be granted or denied.
  • The magistrate will then weigh the evidence and submission and provide the verdict on whether the AVO should be granted or not.
• Making the decision.
  • The court will then determine if the applicant has met all the requirements for the AVO to be granted. The AVO will specify the prohibitions or no contact approach and restrictions on the defendant’s behaviour. Moreover, if there is an existing AVO, the existing order needs to be changed. However, if the requirements have not been met or if the allegations are unfounded, then the application is denied.

What Is An Apprehended Violence Order (AVO)?

Wondering what is an apprehended violence order? It is a court order that is issued for the protection of the person from any form of future violence, intimidation, harassment, or stalking. This is when a protected person is seeking protection from the defendant. The idea of getting an AVO is to ensure the protection of the person’s well-being and safety by curbing the outright behaviour of the defendant.

A protected person would be:

• Someone who is subject to threats, stalking, harassment, and physical harm.
• Someone who is in a domestic relationship with the defendant.
• Someone who has been threatened by the defendant.

The defendant is someone who:

• Committed the threat, harassment, intimidation, or violent crime.
• Has a domestic relationship with the protected person.

AVO applications can be made by the protected person or, in some cases, by the police on behalf of the protected person. The application is filed with the local court, and a hearing is scheduled to determine whether an AVO should be issued. The protected person and defendant may be required to provide evidence and statements to support their claims.

Who Can Apply For An AVO (H2)

To file for an AVO, a person would need to be:

• Above the age of 16.
• A police officer on behalf of the protected person.

To be eligible to file for an AVO, you will need to have a legitimate reason, such as being subjected to domestic violence, harassed, intimated, or stalked. It is also important to understand what’s the difference between domestic violence and abuse.

The AVO process is necessary because it provides a legal framework for people to protect themselves against violence, intimidation, or harassment. An AVO can help to:

• Prevent any form of further violence.
• Protect the safety of the protected person.
• Keep the defendant at bay and be held accountable for their behaviour.

What Are The Conditions For An AVO?

The conditions for an AVO are as follows:

• There will be a no-contact order directed towards the defendant to stop them from approaching or even contacting the protected person. This also means that they should not use any to contact the person directly or indirectly.
• There is also an order that the defendant must stay away from any area that is specified by the protected person. This could be their home, workplace, or any location that they frequent.
• No assaults or threats to intimidate the protected person.
• No damage to the property of the protected person.

Here are certain conditions based on circumstances. They are:

• A court will impose restraints on the defendant for even travelling to certain locations or zones.
• They will order the defendant to seek counselling or treatments to manage their issues.
• No contact with the children, even through indirect means.
• No form of electronic communication.
• No entry into places such as shared homes, workplaces, or places of frequent.
• Not allowed to possess or purchase any form of weapon.

What Are The Required Grounds For An AVO NSW

To file for an AVO in New South Wales, the person needs to show that they have grounds to do so, such as being intimidated, fearful, or being stalked by the defendant. To are grounds as to when an AVO can be filed, they are:

Group 1: When there is a domestic relationship such as:

• Domestic partner, expert, or spouse.
• Family members such as children, siblings, or parents.
• Those who live together.

Group 2: When there is no domestic relationship but exhibits issues such as:

• Stalking.
• Harassment
• Threats from people they know, neighbours, or strangers.

As the person is being stalked, harassed, or intimidated, then they will need to provide evidence such as police reports, photos, medical reports, recorded messages or conversations, written statements, or affidavits.

The importance of this evidence would prove grounds as to whether the AVO is approved or denied. Without enough evidence, the court will not rule in the applicant’s favour, as there are no grounds for intimidation, stalking, or violence.

What Evidence Is Needed To Support An AVO Application?

To support an AVO application, documentation of incidents is of utmost importance. These types of evidence are police reports, photos, and other records. Witness statements are also important when supporting your AVO application. Therefore, you would require statements from family members, neighbours, and friends.

Electronic evidence is imported as well, such as screenshots of messages, call logs, and audio and video recordings between the defendants and the protected person.

How Long Does The AVO Process Take?

The time it takes an ABVO to be processed would depend on:

• The processing time, which would normally take around 1–3 months.
• The time it takes to serve the application is 1–7 days.
• Interim AVO, which can be issued temporarily while the trial is ongoing.
• Court hearing duration normally takes around 1–3 weeks after the application is issued.
• A final hearing can take from weeks to months upon the first court date.
• A decision can be made on the same day or at a later date.

To withdraw an AVO, it would take a few factors, such as:

• Court availability and court listing.
• Agreement between parties.
• Jurisdiction.
• Type of AVO

Criminal law group can guide individuals through the AVO process and aid them to provide the evidence in court. The team is able to represent and provide the right representation, the necessary documentation, and negotiate with the opposing party and the police to reach a mutual agreement.

How Much Does An AVO Cost?

There is no cost when you are applying for an AVO. However, this does not include lawyers’ fees and other expenses, such as witness conduct money. Thus, hiring a lawyer is important to represent you during your AVO case and the pricing may vary from AUD3,000 to AUD10,000.

This is dependent on the lawyer’s hourly rate, experience, and specialisation, and therefore, it is important to choose the right lawyer to represent yourself.

However, in some cases, the cost may be waived due to:

• The court may request the defendant to pay the victim’s legal costs.
• If the application has no merit, then the court will dismiss the case.

How To Apply For A PVO In NSW

To apply for a Personal Violence Order (PVO) in NSW, follow these steps:

• The individual applying should have reasonable grounds for fear of being harassed and have been subject to stalking, intimidation, or violence.
• The application or the police can file the application in court with the details of the incident of intimidation, violence, or stalking.
• If the police are applying on your behalf, it will be a provincial order that is keyed in for the information provided without information from the defendant.
• During the court date, the defendant will be told to adhere to the orders and consult legal advice to understand the process and the repercussions of the procedures.

How To Defend Against An AVO?

If you have received an AVO and are thinking about how to defend against an apprehended violence order, then it is important to take the right steps to defend yourself. Here are some guidelines:

• If the allegations are unfounded or false, then the AVO can be contested with supporting evidence.
• If there is no evidence to support the allegations, then you can counter that the AVO should be dismissed.

It is important to gather evidence through a witness statement, photograph evidence, or any form of documentation or records to support your version of the events. To prepare for a defence, you will need to ensure that you have gathered the right legal advice or team to represent you, gathered all the necessary information to be presented, and are prepared to attend the hearing represented by the lawyer.

It is important to hire a lawyer, as they have the right expertise, strategic guidance, and representation to ensure that your rights are heard and protected.

What Happens If Someone Violates An AVO

If a person violates an AVO, they will have to face legal penalties, and this is dependent on the severity of the breach. Fines can go up to AUD 5,500 or imprisonment up to 2 years. The violator can also face an intensive correction order or a community service order.

However, if the AVO has been breached, then the protected person should keep records of the breach and have witness statements, videos, recordings, photographs, emails, text messages, or voicemails. They should also consult a lawyer to know the legal process and options to pursue charges against the perpetrators.

The police should be involved in enforcing the AVO, and a breach should be reported to charge the perpetrator, investigate the incident, and prosecute the case.

Can You Apply For AVO Online In NSW?

You can apply for an AVO online in New South Wales. You will need to:

• Fill out the AVO application form online.
• Key in the information about the defendant.
• The incident that caused you harm or fear.
• Upload supporting evidence.
• Submit the application and pay the fee online.

Though you can submit an online application, there are certain situations where it will be tough to do so. They are:

• When the cause is complex.
• The situation is urgent.
• Not enough online access.

Can You Get An AVO Without Proof?

An AVO is granted based on evidence. However, there are times when testimonies alone may aid in warranting an AVO. These are exceptions to the rule:

• Stalking and evidenced through police records, pictures or videos, or medical records.
• Statement from witnesses.
• It is also crucial if the applicant can prove repeated talking or threats.
• An emergency situation would be when the applicant is in immediate danger and needs a provisional AVO until the court hearing has reached a decision.

To build a case, it is important to gather evidence, prepare a statement, gather witnesses, and understand the legal and personal consequences of an apprehended violence order.