Who Pays for an AVO: 5 Helpful Facts You Need to Know
Who pays for an AVO?
The defendant is required to pay their own legal fees. The PINOP is normally represented by the police and do not have to pay anything.
In an Apprehended Violence Order (AVO) case, the Court may order that one party pay the other party's legal fees.
Legal fees include lawyers' fees and witness expenses such as conduct money.
Who Pays for an AVO When It Gets Dismissed?
The defendant may petition the Court to order the applicant to pay their legal fees if the Court denies the Apprehended Violence Order (AVO) application.
On Dismissal of Apprehended Domestic Violence Order (ADVO)
The Court may order the applicant to pay court costs if it denies an application for an Apprehended Domestic Violence Order (ADVO).
Either the police or the protected person are the applicants.
In the case of a private application, the Court will only order you to pay costs if it finds that your application for an ADVO was frivolous or vexatious.
Court fees may also be ordered if you are requested to pay costs.
If the following conditions are met, a court will award costs against the police (police application):
- There is an inexcusable deviation from the reasonable case management of the proceedings, such as the officer making the application knowing it contained materially false or misleading information.
- When the police file the AVO application, you cannot be ordered to pay costs.
On Dismissal of Apprehended Personal Violence Order (APVO)
Courts could award costs against you if your Apprehended Personal Violence Order (APVO) application were dismissed, for example:
- You submitted a frivolous or vexatious application;
- Neither you nor the defendant appears in Court;
- Your application has been withdrawn;
- Invalidity can be caused by several factors, such as naming the wrong defendant in your claim.
The Court awards costs that it thinks are reasonable.
What Is a Frivolous and Vexatious AVO?
A frivolous and vexatious AVO (Apprehended Violence Order) claim has no legitimate basis, is intended to harass or aggravate the respondent, or was filed for an improper reason.
A frivolous claim lacks gravity or has no reasonable chance of success. In contrast, a vexatious claim is intended to cause annoyance or distress to the respondent without a valid legal basis.
A court may dismiss an application for an AVO if it determines that the claim is unfounded or vexatious.
This is to prevent legal system abuse and ensure that genuine victims of violence and harassment receive the necessary protection.
If a court determines that an AVO claim was lodged in bad faith, the applicant may be ordered to pay the respondent's legal fees or face other consequences.
How Much Time Do I Have To Pay the Legal Cost of the Other Party?
Payment must be made within 28 days. Failure to pay within 28 days may lead to the other party taking action to recover the money.
What Can I Do If It's Impossible to Pay Everything Within 28 Days?
If you need additional time to repay the debt or return the goods, you may request a stay of execution. This court order temporarily prevents the other party from enforcing the judgment debt.
From the date of the judgment, the other party has 12 years to enforce it. Enforcement actions may be taken simultaneously in multiple ways.
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.
