An application for an Apprehended Violence Order (“AVO”) can be made to the Local Court. An AVO is issued to protect the wellbeing and safety of a “Protected Person” from another, referred to as the “Defendant”. An AVO seeks to achieve this objective by providing prohibitions and restrictions on the Defendant and their contact with the Protected Person.
When an application is made to the Local Court, the application will be assigned a date and time on which the case will be reviewed. The Defendant will receive notification of the application and the impending Court date.
At Court, the Defendant will be asked whether they consent to the making of the AVO or whether they wish to object to the application. If the Defendant elects to object the application, the case will be set down for a hearing, and in some instances, mediation. Interim orders may be made against the Defendant prior to the final determination of the application, if considered necessary for the safety of the Protected Person.
If the application proceeds to hearing, the parties will have the opportunity to present evidence in support of their case. After considering the evidence, the Court will then determine whether it is satisfied, on the balance of probabilities that the Protected Person has reasonable grounds to fear, and does fear personal violence, intimidation or being stalked by the Defendant. When making their determination, the Court will consider:
- The safety and protection of the Protected Person and any child affected by the Defendant’s conduct;
- The effects of any restrictions pertaining to access to a residence, including the effects this will have on any children;
- Any hardship caused by making or dismissing the application for AVO;
- Accommodation needs of the parties.
Only those restrictions and prohibitions necessary for the safety and protection of the Protected Person will be made by the Court.
If you require assistance with an AVO matter, please arrange an appointment to see one of our AVO Solicitors in our Sydney office.
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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