Can you contest an AVO?
Can you contest an AVO?
An AVO can also be contested in court, where justification for it can then be examined. Even if you are confident an AVO will be revoked by police or dismissed at court, it’s important that you do not breach the conditions of an AVO in the meantime.
How do you defend against an AVO?
There a number of ways to defend an AVO including:
- Identification: The other side cannot prove that you were responsible for the behavior complained of.
- The alleged victim would not have reasonable grounds to fear a personal violence offence from you.
- The alleged victim does not actually fear you.
What happens if you have an AVO against you?
Having an AVO against you is not a criminal offence and will not appear on your criminal record. If a breach does occur it is likely a criminal conviction will be recorded on your criminal record and you could receive a term of imprisonment of up to two years and a fine of $5,500.
On what grounds can an AVO be granted?
You can apply for an AVO if, you are aged 16 years or older. you have been the victim of physical or sexual assault, threatened with physical harm, been stalked, harassed or intimidated, and believe that this behaviour will continue.
What to do if you are served with an AVO?
If you have been served with an application for an Apprehended Violence Order (AVO), you can: do nothing. If you are under 18 years of age, your case will be dealt with differently. For more information, see Apprehended Violence Orders against children.
What happens if an AVO is made against you?
If a Final AVO is made, then the protected person will be protected by the AVO. You may be able to appeal the decision to the District Court within 28 days. If you did not go to the hearing, you may be able to apply for an annulment. If an AVO is made against you, you are not given a criminal record.
Do you have to appear in court for an AVO?
If you are served with an AVO, you will be required to appear in court. An ‘AVO’ is an abbreviation for ‘Apprehended Violence Order’. An AVO can be a private AVO or police AVO. These are considered civil proceeding in court, not criminal proceedings.
Can a parent be punished for not following an AVO?
A parenting plan is not a legally enforceable agreement. You can’t be punished by the Court for not following the terms of a parenting plan. A parenting plan doesn’t override an Apprehended Violence Order (AVO). If you have an AVO that is inconsistent with your parenting plan, you must follow the AVO.