What is an interim AVO order?
What is an interim AVO order?
Provisional Order This is a temporary AVO order made by police until the first court mention date. Interim Order A court can make an Interim AVO order if it cannot finalise the matter on the first court date, to ensure the Protected Person’s safety until Final Orders are made.
Can an interim AVO be withdrawn?
The answer in many cases is, Yes. If the AVO is an interim AVO or provisional AVO, you need only ask that the court registry re-list the matter in court, or wait until the next court date.
Is an AVO a conviction?
A person who has an AVO against them is not guilty of a criminal offence and so the AVO is not listed on their criminal record. However, breaching an AVO in NSW is a criminal offence. Upon breaching an AVO and being charged by the police, the police may arrest you or issue you with a Court Attendance Notice (CAN).
What are AVO conditions?
Conditions of an AVO Restrictions put in place against the Defendant: No longer allowed to reside at the family home. Not allowed to contact the protected person except through the use of a lawyer, Not allowed within a certain distance from the protected person/s residence, work or school.
How do I apply for interim AVO?
In order to vary an interim AVO you will need to file an AVO variation application with the Court and serve it on Police. If you are also on bail, you will need to file a bail variation application so that the AVO conditions and bail conditions are not conflicting.
Interim Order A court can make an Interim AVO order if it cannot finalise the matter on the first court date, to ensure the Protected Person’s safety until Final Orders are made. Interim Orders are enforceable (when served on the Defendant) until Final Orders are made.
How long does an interim AVO last?
How long does an interim AVO usually last? An interim AVO is temporary and lasts until the matter is fully decided. This is usually a period of a few weeks between when the AVO was applied for and the date that it is due to be heard at court.