How Much Does an AVO Cost: What You Should Be Prepared For
One thing you should be prepared for: how much does an AVO cost?
If the police are applying for an AVO, then there will no cost to the Applicant or the PINOP.
There is also no cost to the Defendant for being part of the proceedings, however, the Court may mandate that one party pay the legal fees of the other at the end of a matter.
Legal fees include attorney's fees and witness expenses such as conduct money.
If the Court dismisses the application for an Apprehended Violence Order (AVO), the defendant might ask the Court to order that the applicant pay their legal costs.
Key Takeaways
According to 99 Crimes (Domestic and Personal Violence) Act 2007 and the Criminal Procedure Act 1986, Chapter 4, part 2, Division 4, if the Court decides to make a Final Apprehended Violence Order (AVO), you can ask the Court to make an order for legal costs.
The Court will make a decision based on what it thinks is reasonable.
If your application for an AVO is unsuccessful, you will not have a chance to get legal costs.
If the Court denies the request for an Apprehended Violence Order (AVO), the defendant could ask the Court to make the applicant pay their legal fees.
How Much Does an AVO Cost When The Court Makes Its Final Order?
The amount that the Court orders the police to pay may not be the full amount of the costs that you must pay to your lawyer.
Costs may range between $2,000 - $5,000 depending on the matter.
How Much Does an AVO Cost When The Court Dismisses The Application?
If the Court denies the request for an Apprehended Violence Order (AVO), the defendant could ask the Court to make the police pay their legal fees.
We have successfully obtained costs for our client in certain instances, and they may range between $2,000 - $5,000 depending on the matter.
Is the Cost Different in the Dismissed Application for ADVO and APVO?
Suppose the Court found no substantial evidence in the application for Apprehended Domestic Violence Order (ADVO).
In that case, it may dismiss the case and order the applicant to pay the costs, especially when the application is frivolous or vexatious.
If this happens, it may also order you to pay the court costs.
For a personal APVO or Apprehended Personal Violence Order, the Court may dismiss the case you filed and order you to pay costs when:
- Your application is senseless
- If both you and the defendant didn't go to Court even when ordered
- You withdrew the application
- The application is invalid due to legal issues such as incorrect filing of the defendant's name
The amount of costs that can be given out depends on how much the Court thinks is fair.
When Do You Need to Pay the Cost Ordered by the Court?
If the judge tells you to pay the other side's legal fees, you should send the money to the court registry unless the judge tells you to do things differently.
The money will then be given to the other person by the Court.
You have 28 days to pay for all of this.
If you don't pay within 28 days, the person you owe money to could take legal steps to get it back.
What Happens If I Didn't Pay a Court-Ordered AVO Cost?
If you don't pay the judgment debt or return the goods as ordered by the Court, the other party can take legal action to make you pay the debt or return the goods.
Can I Ask For an Extension in Paying a Court Ordered AVO Cost?
You can ask for a stay of enforcement if you need more time to abide by the order.
This court order says the other party can't collect the debt for a certain amount of time.
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.
