When an Application for an Apprehended Violence Order is made by the NSW Police or by a person privately to the Court, it starts proceedings before the Local Court of NSW.
It is important to note from the outset that an Apprehended Violence Order is not a criminal charge and it does not affect your criminal record if made on a final basis.
If the Apprehended Violence Order is opposed, on the first date the matter is in Court the Local Court will make Orders for the Applicant, either the NSW Police or the person making the application directly to the Court, to file and serve all the material they say proves that the person in need of protection has reasonable grounds to fear you.
The Court will also make Orders for you to file and serve any evidence in reply to the material filed by or on behalf of the applicant.
The matter will then return to Court for what is referred to as a compliance check, it is for the Court to ensure that all parties are ready to proceed to a hearing. At a hearing the witnesses can provide their evidence in chief and be cross examined by the legal representatives or NSW Police.
If you have an Apprehended Violence Order matter it is best you obtain legal advice, Adams & Partners Lawyers have experienced solicitors ready to assist you in your matter.
Written by Lauren Hitchen.