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An Apprehended Violence Order (“AVO”) is an Order which aims to protect a person (“the Protected Person”) from being the victim of violence, intimidation, harassment, stalking and threats by another person referred to as the Defendant.

An AVO is made by the Local Court upon application by the Protected Person or by the Police, depending on the circumstances in which they have become aware of the potential risk.

Once an application is filed with the Court, the Defendant will receive notice of the application and the listing date at Court. If the Defendant does not appear on the listing date, the Court may proceed to grant the AVO in their absence.

Alternatively, the Defendant can:

  1. Consent to the application- This can be done without admitting to the evidence set out by the Protected Person in the application; or
  2. Object to the application- Upon which the application will be listed for mediation or hearing.

When considering whether to consent to the making of an AVO, some of the considerations for the Defendant include:

  • Costs in defending the application;
  • The time taken to finalise the application if an objection was made;
  • The effect that the AVO will have on:
    • Other legal proceedings such as family law proceedings;
    • Your duties at work;
    • Any licenses you hold for example a firearms licence;
    • Your relationships with others.

Prior to consenting to an AVO, we recommend that you obtain legal advice as to whether it is appropriate to do so and the broader implications of the AVO. If you require assistance with an AVO matter, you may wish to contact our firm and arrange an appointment to see one of our AVO Solicitors.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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