ARTICLE
16 March 2023

Do you have to attend court for an AVO in New South Wales?

JF
Justice Family Lawyers

Contributor

We prioritize clarity in all legal matters, especially in family law cases like divorce and custody. Our goal is to ensure a quick and cost-efficient outcome for our clients so they can move forward with their lives. Trust our knowledge and experience to achieve the most agreeable settlement possible, providing peace of mind and clarity for all parties involved.
AVOs (Apprehended Violence Orders) in New South Wales may require more than one court appearance.
Australia Family and Matrimonial

Do you have to attend Court for an AVO? Yes, you are required to attend court for an AVO.

AVOs (Apprehended Violence Orders) may require more than one court appearance according to Local Court Practice Note 2 of 2012: Domestic and Personal Violence Proceedings.

The mention (your first court date) will take place in Court.

After that, you may have to attend Court for a hearing and further mentions depending on what you and the applicant agree on.

How Does the Hearing Process for AVO Work?

Step 1: First Court Date (the mention)

The Court will ask you and the applicant what you want to do at the mention. A magistrate will make procedural orders as to how the matter will proceed.

Here are a few things to consider before you mention:

  • The lawyer who will represent you
  • Any variations you want to make to the AVO
  • Whether you will accept the AVO without admissions or contest the AVO

Step 2: Evidence and Other Preparations

In the event that you oppose the Apprehended Violence Order (AVO), the Court may direct you to file and serve statements so that the hearing can be prepared.

The case will then be considered for another mention.

After reviewing your and the applicant's statements, the Court may list your case for a hearing. If the Court is busy, the hearing may be scheduled in a couple of weeks or months.

The Court will need to know the following information when your case is scheduled for hearing:

  • In case you or any of your witnesses need interpreters
  • Whether any of your witnesses are children
  • In case you or your witnesses are unable to attend Court on a particular date

Step 3: Attending the Hearing

During the hearing, the Court will read any statements that have been filed and consider any evidence presented.

You should prepare for the hearing in order to tell the Court why you disagree with the application and answer any questions they may ask.

If you wish to challenge the AVO filed against you, you must seek legal representation from an experienced AVO lawyer.

You will need to attend court for the court hearing.

Step 4: The Court Makes a Decision

Depending on the evidence presented and the statements read, the Court will either:

  • Make the AVO final, or
  • Dismiss the application.

Do You Have to Attend Court for an AVO If You Consent to the Application?

If you consent to the application filed against you, you will need to attend court on the day to confirm you understand what you are consenting to.

After this, you will not need to attend Court for an AVO.

Note that as a defendant, you do not have to plead guilty to any of the allegations in the application to consent to the order. A final AVO is usually made by consent and 'without admissions.'

Can a Defendant Request for Undertaking Instead?

Defendants who do not consent to an AVO may consent to an 'undertaking' if the protected person agrees to withdraw the application.

The term 'undertaking' refers to a promise made to the Court.

The breach of an undertaking is not a criminal offence, unlike an AVO.

Breaching an undertaking, however, may lead to a second AVO application against the defendant.

It is recommended that a protected person seek legal advice before agreeing to an undertaking.

Conclusion

Do you have to attend Court for an AVO? Yes, you will need to attend court for an AVO (Apprehended Violence Orders).

The mention (your first court date) will take place in Court.

After that, you may have to attend Court for a hearing and further mentions depending on what you and the applicant agree on.

At Justice Family Lawyers, we understand AVO's complexity 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 in family law matters, 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.

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