What Should I Do If I Am Served With An AVO: A Step-by-Step Guide
What should I do if I am served with an AVO?
An Apprehended Violence Order (AVO) is a court order that aims to protect a person from another person that causes them to fear for their safety.
AVOs can protect a person from:
- Violent or threatening behavior
- Stalking
- Intimidation
- Harassment
- Damaging Another Person's Property
It is essential to understand your rights and responsibilities if you have been served with an AVO, as well as what steps to take to ensure compliance. What should I do if I am served with an AVO? Our comprehensive guide will help you navigate the process and provide the information you need to protect yourself legally.
Understand the AVO
What should I do if I am served with an AVO? In order to properly respond to an AVO, it is necessary to gain a thorough understanding of the order itself.
You must familiarize yourself with the specific terms and conditions outlined in the AVO, as well as the type of order you have been served with (such as a Provisional, Interim, or Final AVO).
All documents associated with the order are crucial to understanding your rights, obligations, and the consequences of not adhering to the order.
Make sure you read them carefully and comprehend them completely.
Seek Legal Advice
It is highly recommended that you seek legal advice after being served with an AVO.
They will be able to review the details of the order, explain the implications, and advise you on the best course of action.
Furthermore, having legal representation is essential if you plan to challenge the AVO in court.
Adhere to the Conditions of the AVO
While the AVO is in effect, it is crucial that you strictly adhere to all the AVO conditions outlined in the order.
It is possible to face criminal charges and penalties, including imprisonment, for not complying with the AVO's terms.
Typical conditions include not contacting the protected individual, maintaining a certain distance from them, and abstaining from certain activities (e.g., possessing firearms).
Attend Court Hearings
What should I do if I am served with an AVO?
You will likely need to attend a court hearing if you have been served with an interim or provisional AVO.
It is crucial to attend all scheduled court hearings.
Failure to do so will make the Court approve the AVO without considering your side of the story.
You will receive guidance from your attorney on the appropriate steps to take during the hearing, including whether or not to contest the order.
Prepare Your Defence
What should I do if I am served with an AVO? If you decide to contest the AVO, it is important to work closely with your lawyer to prepare a strong defence.
This may involve gathering evidence, such as witness statements, documents, or other materials that support your position.
Your attorney will guide you through the process of building your case and can help you develop a strategy for presenting your evidence in court.
Attend Mediation (if applicable)
As an alternative to a formal hearing, the court may order mediation.
During mediation, both parties reach an agreement with the help of a neutral third party (the mediator).
The key to success in mediation is to approach it with an open mind and a willingness to reach a mutually beneficial resolution.
Comply with the Final Outcome
It is essential that you follow the terms of the final AVO.
You must continue to follow the conditions outlined in the AVO until the order expires.
What Should I Do If I Am Served With An AVO, and Can I Stop It?
When you are named as a defendant in an application for an Apprehended Violence Order (AVO), you must consider how to defend your rights, especially if you believe you are a victim of an unfair application or malicious allegations.
- Respond to the AVO
- Seek legal advice by requesting an adjournment
- Accept the AVO (without admissions)
- Make a cross-application
- Make a request for a Property Recovery Order
- Defend the application by responding and pleading not guilty.
- Go to court
First court dates are called 'mentions.' A magistrate will want to know the following:- If the applicant still wishes to proceed
- Your response to the application.
- Police will represent the protected person if they apply for an
Apprehended Violence Order (AVO) on their behalf.
The court's orders will depend on your response and the applicant's response. - Wait for the Decision
Depending on the outcome of your case, the Court will either:- Finalize Apprehended Violence Orders (AVOs)
- Reject the application.
- A dismissed application may be appealed as follows:
- Appeals must be filed within 28 days of the decision
- In the event that a Final AVO is made against you, you may
apply to the following:
- Within 28 days, you can appeal the decision to the District Court.
AVOs do not result in a criminal record. Breaching an AVO, however, is a criminal offence. As part of an AVO, you may also be prohibited from having firearms or security licenses or working with children.
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.