Applying for an

Apprehended Violence Order (AVO)

January, 2015

Legal Disclaimer

This presentation is offered for general information

purposes only. It does not constitute specific legal

advice or opinion. You should not act or rely upon any

of the information contained within this seminar

without seeking the advice of a qualified solicitor who

specialises in the particular area of expertise and

jurisdiction that you require.

Introduction

When applying for an AVO, you should first

consider if you can prove (under the Crimes

(Domestic and Personal Violence) Act 2007) that

you need an AVO.

When applying for an AVO you will need to prove

two matters:

Introduction

1. That you fear that another

person will be violent towards

you, harass you or intimidate

or stalk you (this is a

subjective test, which means

that it is based on what you

actually feel), and…

Introduction

2. That your fear is based on

reasonable grounds (this is

an objective test, which

means it is based on whether

the court believes that a

person in your situation would

feel the same as you).

Presentation Outline

1. How do I apply for an AVO? 7

2. Can the police apply for an AVO on my behalf? 11

3. What happens if I make a false or misleading statement

whilst applying? 13

4. What are the costs involved in applying? 14

5. How do I get my personal property back? 15

Slide #

1. How do I apply for an AVO?

An application for an Apprehended Violence

Order (AVO) can be made in two ways:

1. by the police on your behalf (called a 'police

application')

2. by you personally at your local court (called a

'private application')

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1. How do I apply for an AVO?

If the application is for an APVO, the court will

make an order that you and the defendant attend

mediation, unless there is a good reason not to

do so.

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1. How do I apply for an AVO?

When an application is made, the people involved

in the application are called:

1. Applicant: this is the person asking the court

to make an AVO. If you made the application

through the Local Court, you will be the

applicant. If a police officer made the

application for you, the applicant will be the

police officer. The applicant may also be

called 'the complainant'.

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1. How do I apply for an AVO?

2. Protected Person: this is the person who

needs protection from the defendant. You may

also be called the 'Person in Need of

Protection' (PINOP).

3. Defendant: this is the person who you want

protection from and who you want the AVO to

be made against. An AVO can't be made

against more than one defendant. If you want

protection from more than one person, a

separate application should be made for each

defendant.

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2. Can the police apply for an AVO on my

behalf?

The police usually have to make an application on

your behalf if:

1. the police believe that a domestic violence

offence has been, is being, or will be

committed against you, or

2. a person stalks or intimidates you with the

intention of causing you to fear physical or

mental harm, or

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2. Can the police apply for an AVO on my

behalf?

3. an offence against a child or young person has been, is being, or will be committed.

If you want an AVO against someone you are, or have been, in a domestic relationship with, you should contact the police.

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3. What happens if I make a false or

misleading statement whilst applying?

It is an offence to make a

false or misleading statement

to a magistrate or registrar

when applying for an APVO.

The police can also charge

you for making a false or

misleading statement to the

court in an AVO matter.

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4. What are the costs involved in applying

for an AVO?

In AVO matters, the court may award costs

against the unsuccessful party.

However, if you are applying for an apprehended

domestic violence order, the court can only award

costs against you if your application was 'frivolous

or vexatious'.

A frivolous or vexatious application is an

application that is trifling or not serious or

deliberately made to cause unnecessary trouble.

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5. How do I get my personal property back?

If you have left personal property with the

defendant, or the defendant has left personal

property with you, the court can make orders that

the property be returned.

Orders may be made about clothes, personal

papers and children's toys. In most cases a police

officer or officers will come with either you or the

defendant to get the property.

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5. How do I get my personal property back?

A Property Recovery Order can only be made at

the same time that a Provisional, Interim or Final

AVO is made.

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5. How do I get my personal property back?

If you need to recover your property urgently and

can't wait until the matter is heard in court, you

should contact the police, as they may be able to

help you get your belongings. The police can't

help you take property if there is disagreement

about who owns it as disputes about property

ownership need to be resolved in court.

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Turnbull Hill Lawyers – Contact Us

If you have any further questions about AVOs or

you'd like to discuss a related matter, please

contact our Criminal Law team.

We will endeavour to respond to your enquiry

within 24 hours.

Need Criminal Lawyers in NSW? Call Us

We service Newcastle & the Central Coast

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