Disputing an AVO

by Kristen White Blogger An apprehended violence order (AVO) is commonly referred to as a restraining order. Basically, the idea of such an order is to protect a person from someone they are in fear of who may stalk, intimidate, threaten or harass them. This article will discuss what an individual may do when disputing an AVO.
One article notes that an AVO is not a criminal matter but rather a civil order that has criminal consequences if it is breached. It is of the utmost importance to get legal advice when dealing with an AVO. This is because it can have far-reaching consequences that may affect areas such as working with children checks and the ability to maintain a firearms licence or security licence. An individual may get an AVO via two ways a police AVO and a personal AVO.
 
Police AVO
 
A police AVO is issued when there is domestic violence involved. Domestic violence  is any violence related or associated with an intimate relationship. In such cases the police will take out an apprehended domestic violence order (ADVO) to protect the victim. In such situations the police will represent the protected person in these proceedings.
 
Personal AVO
 
A personal AVO is known as an apprehended personal violence order (APVO). This is where there is violence between people who are not in an intimate relationship such as colleagues, neighbours and acquaintances.
 
Once an AVO has been applied for it will be served on the defendant. Both parties, that is the alleged victim and alleged perpetrator, are required to come to the court for the first mentioned date. On the day the court will want to know whether the application is still proceeding, how the defendant wishes to respond to the application and whether the matter can be finalised there and then. There are a number of options available for the defendant at the first mentioned date. These are to:
 
Adjourned the matter for a week or two to seek legal advice
Consent to the AVO being made without admissions, meaning that the defendant does not agree to the allegations but will comply with the orders
For a personal AVO you may be able to give an undertaking to the court to refrain from any behaviour that would cause the protected person fear
Dispute the AVO
 
If the defendant chooses to dispute the police AVO the court will make orders for statements to be filed and served and the matter to come back before the court to confirm that this has been done. If statements have been filed and served the matter will be set down for a hearing.
 
When disputing a personal AVO the parties will be sent to compulsory mediation at a Community Justice Centre, unless there are exceptions. The exceptions are related to situations where there has been:
 
Physical or personal violence
Discrimination
Harassment or
A previous failed attempt at mediation
 
Once mediation has taken place the parties will return to court and confirm whether the AVO is still necessary. If it is, the court will file and service statements and set the matter for hearing.
 
If assault charges in NSW  leads to an AVO speak to an experienced lawyer.
 
If you looking for Sydney drink driving lawyers  check the credentials of an attorney well before hiring him.

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Created on Jan 21st 2020 04:36. Viewed 118 times.

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