Being served with an Apprehended Violence Order (AVO) is both confronting and intimidating.
First and foremost, it is important for any defendant to seek legal advice. Each persons set of circumstances is unique and an AVO can effect many aspects of a persons life. This can include employment, travel and in some cases can cause problems for family law matters going forward.
It is important to note that an Apprehended Violence Order is not a criminal record, it is simply a court Order mandating your behaviour.
Generally speaking, there are three options:
- Consent to the Order, this is admitting to the Court that the grounds of the AVO are factual. You also consent to abide by the Order and its conditions for the period sought.
- Consent to the Order without admission, this is outlining to the Court that you do not agree with what the AVO alleges occurs, but you agree to abide by the Order and its conditions for the period sought.
- Oppose the AVO, by doing this you are seeking the Court to put the allegations outlined to proof. The Police and yourself will have to file evidence and the AVO will be set down for hearing. At this hearing, the Court will determine on the balance of probabilities whether there are grounds for an Order.
It is important for any party who is served with an AVO to seek legal advice, the information above is general in nature. If you have been served with an AVO and wish to speak to someone, contact our office today.
Written by Lauren Hitchen