How Long Does It Take for an AVO to Be Served: A Comprehensive Guide to the Process
How long does it take for an AVO to be served? Once the application is made, it must be personally served to the defendant by a police officer. It normally takes 1 - 7 days for an AVO to be served on a defendant.
After serving the application on the defendant, the police officer will complete a statement of service and submit it to the Local Court so that it would be informed that the defendant is aware of the application made against them.
Occasionally, it is difficult to serve an application on a defendant, and the police may attempt multiple times without success.
In these instances, the Court may order that the application be served through registered mail to the defendant's address, legal counsel, or a specified relative.
This is referred to as "substituted service."
The magistrate will only issue an order for substituted service once convinced that serving the defendant personally is not feasible.
Court Process of AVO
- First Court Date
The Local Court normally lists the matter one to three weeks after the application (depending on how often the Local Court is in session and how busy its courts are).
You should be served with an AVO before the first court date so you know you have to attend.
The first return date is also known as "the first court date."
Even if it's a police application, the protected person should attend Court on this day to let the prosecutor know they want to proceed and if any orders need to be changed.
- Hearing Preparations
The Local Court Practice Note 2 of 2012: Domestic and Personal Violence Cases outlines the measures parties must follow to prepare an AVO case for hearing.
The Court will make a Directions Order about the exchange of evidence that will be used at the hearing.
The Practice Note says that the applicant must give the Court all witness statements that support their application by a specific date (usually two weeks after the mention).
In a police application, the officer making the request will ensure that witness statements and a summary of the evidence are ready to be served to the defendant.
Then, the defendant has to file a statement in response.
Statements must be signed and dated to show that they are valid and correct and should only be about things relevant to the application or its defence. Since a witness's statement can be used as evidence in an AVO hearing, it's important to talk to a lawyer before giving one.
If the parties have followed the rules for exchanging statements, the case could be set for a hearing.
This could take up to three months in some courts. An interim AVO can be made or kept in place until the date of the hearing.
Subpoenas may also be requested from the defendant to appear in Court to give oral testimony or to provide specified documents (tell their version of events to the Court).
- The Show Cause Hearing
The PINOP must demonstrate the reasons they fear and have grounds to fear future acts of violence, harassment, intimidation, or stalking.
If the protected person is under 16 or has an intellectual disability, indicating that they fear future domestic violence is not essential. An AVO may also be issued without proof of the PINOP's fear if the Court sees that:
- There is a pattern of violence or a history of abusive behaviour against the protected person.
- There is a strong chance that the defendant will abuse the PINOP again in the future.
- The order issuance is necessary to safeguard the victim from further 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.
