Can you get an AVO without evidence? At the very minimum, a statement is required from a witness in order to obtain an AVO.
The statement is considered evidence when it comes to obtaining an AVO.
Making a statement is part of the Apprehensive Violence Order (AVO) application process.
That means aside from giving the defendant's full name, other personal details, and your relationship with them, you also have to detail the incidents causing you to fear the same person.
Remember that in certain situations, like an AVO for stalking and AVO for emotional abuse, the proof lies in the pattern of the defendant's behaviour.
You have to take down notes or report to the police every incident, allowing you to compile all of them to have strong evidence of intimidation.
To understand the rationale behind this, it is necessary to comprehend what constitutes proof in the context of AVOs.
Witness testimony, images, text messages, emails, and other types of contact can all serve as evidence.
Evidence must be presented during the hearing to convince the court of the defendant's abusive behaviour.
You will need some form of evidence to obtain an AVO in NSW.
If you are contemplating asking for an AVO, you should talk to an experienced AVO lawyer who can advise you on the proof you must present to justify your application.
Under What Circumstance Can An AVO Be Filed Without Evidence from the PINOP?
Can You Get An AVO Without Evidence from the PINOP?
The police may provide a statement if they are a witness and determine that an AVO is required to protect the victim.
They may petition on the victim's behalf for an AVO.
An interim AVO is a temporary restraining order issued until a final hearing can be convened.
When the defendant agrees to the issuance of the order, an AVO may also be issued without proof.
In this case, the defendant admits to the behaviour that prompted the AVO application, and the court may issue the order without requiring further evidence.
What Are The Evidences Usually Presented To The Court?
- Witness statements from the PINOP or other witnesses give details of the incidents that caused fear.
- Detailed information about any injuries caused by the defendant, including doctors' reports or hospital treatment
- Any evidence of property damage (such as photos)
- Drug or alcohol abuse history of the defendant
- Weapons or firearms that the defendant possesses
- Any mental health issues that need to be addressed
- In the past, if any AVOs or other orders have been made to protect you from the defendant.
What To Do In Case of Immediate Safety Concerns?
You should call the police if you have immediate safety concerns.
Speak to the police
- if someone hurts you or your child
- you're scared that this person will soon harm you and your child,
- or someone is stalking, intimidating, or harassing you both
To get an AVO, you must demonstrate that you fear the defendant and have legitimate grounds for that fear.
You should notify the police of all incidents. In circumstances of domestic abuse, the police may apply for and obtain a Provisional AVO (an emergency order) on your behalf.
Conclusion
Question: Can you get an AVO without evidence?
Answer: In some situations, it is possible to secure an AVO in the absence of evidence, although it is normally more complex to deal with.
Evidence is important when backing up an application for an AVO. A witness statement is considered a form of evidence.
Getting legal counsel to increase your chances of securing the order is advisable.
Not Sure If The Evidence You're Holding Is Enough To Apply For An AVO?
Get legal counsel to increase your chances of securing an AVO, or defending an AVO.
At Justice Family Lawyers, we understand the complexity of the AVO application process and are committed to providing our clients with the highest quality legal advice and representation.
Our AVO lawyers and practitioners are highly experienced and knowledgeable, and we are committed to helping our clients receive the best possible outcome.
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.
