What happens if someone makes an AVO against you?

What happens if someone makes an AVO against you?

The case will be adjourned (given another date) and the Magistrate will direct you and the protected person to ‘serve’ your written statements and any of your witnesses’ written statements on each other. You can do this by leaving the statements at the Court Registry to be collected by the other party.

What to do if someone breaches an AVO?

If there is a current enforceable Apprehended Violence Order (AVO) in place and you believe the defendant breaches one of the conditions. Report this breach to your local Police for investigation and possible charges if there is sufficient evidence. What is their Role?

Can a protected person file an AVO against you?

The case will then be listed again so the Magistrate can check you and the protected person have filed your statements. If you both have, the matter will be listed for a final hearing. At the final hearing, the Court will hear all of the evidence, and then decide if it will make the AVO or not.

Can a court make an interim AVO against you?

If you have been charged with a ‘serious offence’, such as a domestic violence offence, the Court will probably make an interim AVO against you to protect the alleged victim. What happens if there is an ‘interim hearing’? This hearing is only to decide if an interim AVO should be made, not the final orders.

Are there any criminal charges related to AVO?

Common charges relating to AVOs include assault charged, intimidation charges, threat or damage property charges. A private AVO will normally NOT be related to a criminal charge.

Can a person be cross-examined in an AVO case?

Anyone who made a written statement may be cross-examined about what is in their statements. The Court will look at the evidence from the witnesses, any documents, and the submissions made by both sides, and then decide whether or not to make the final AVO.

What are the mandatory conditions of an AVO?

They are called ‘mandatory’ conditions. They are that you must not: intentionally or recklessly destroy or damage the protected person’s property. These conditions will also cover anyone who has a ‘domestic relationship’ with the protected person.

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