Opposing an AVO
If an application for an Apprehended Violence Order (AVO) has been made against you, you can either content to the AVO or oppose it. If you oppose an AVO and the AVO application is pressed by the applicant, the matter will be adjourned to another date for a hearing.
At the hearing, the court will hear evidence called by both sides. The applicant must show the court why an AVO should be granted.
The court will only make the AVO if it is satisfied that:
- the protected person has reasonable grounds to fear and in fact, does fear that the respondent will commit a personal violence offence against him/her, or that the respondent will engage in conduct to intimidate or stalk the other person, and
- such conduct is sufficient to warrant the making of an order.
Although an AVO hearing is similar to a hearing for a criminal offence, it is not a criminal proceeding. The protected person needs only to prove his or her case on the balance of probabilities.
The disadvantages of contesting an AVO are that it may take a number of months fo the matter to be finalised and it may incur legal costs. Moreover, a hearing can strain any continuing relationship of the parties.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.