The process for opposing an AVO
If you have been served with an Apprehended Violence Order (“AVO”) and if you do not agree to an AVO, the Court will make directions (orders) for statements to be filed and served to prepare for the hearing.
It is important to understand the parties involved in an AVO application.
The applicant is the person who wants the Court to make an AVO. The applicant is a protected person in a private application. In most instances, it will be a police application which means the police are the applicant.
The protected person (PINOP) is the person seeking protection from the defendant.
You are the defendant, and if you want to oppose the AVO, you must do the following:
- You need to attend the Court on the date, place and time specified on the application. This is called a first mention.
- Once in Court you need to indicate to the Magistrate that you are the defendant in the matter and that you want to oppose the AVO.
- The Magistrate will then set a timetable for both the applicant and the defendant to serve and file their statements with the Court. These statements will be your evidence which you will be using in opposing the AVO. The statement will set out your version of events and what you say happened. It must focus on what you said, what the other person/s said what happened on the particular day/s. You must also include any supporting documents and material which can include text messages, photographs, emails and other witness statements. It is important to have your statement set out in a chronological order that is easy to understand.
In order to ascertain what evidence you will need, you will have to review the applicant’s evidence. This will indicate what the applicant is alleging and why they want an AVO against you.
The evidence which you will serve must challenge the facts which the applicant is alleging. The evidence must, where necessary, contradict the applicant’s evidence or point out inconsistencies in their evidence so that it makes the applicant’s evidence doubtful or unreliable.
The Court will determine the matter at a hearing which will take place after both parties have served and filed all their evidence.
At the hearing, the applicant will usually give evidence in court. You may give evidence and other witnesses may be called by you or the applicant.
Once the Court has read all the statements and heard all the evidence it will either:
- Make a Final AVO, or
- Dismiss the application
If the AVO is dismissed and if you have incurred legal costs, you may be able to apply for a costs order against the applicant to recover some of the costs. If you are unhappy with the decision of the court, you can either appeal the decision or in some instances apply for an annulment.
Contact the team at NCL to see how we can help you with your AVO issues.
