Services

The Police AVO that has been served on you will be a "Provisional" AVO which means that it is enforceable until the matter is first at Court which is usually in the first two weeks after you have been served with the AVO.

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At the first Court date, you will be asked by the Police and the Court:

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"Do you agree/consent or disagree with the AVO"?

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This seems like a straightforward question. If you say no, the matter will be given a timetable to progress through the Court system (there will be a slight variation dependent on whether there is an associated criminal charge or it is just an AVO on its own).  Eventually the matter will be listed for a hearing and a Magistrate will hear the evidence and decide whether to grant the AVO. 

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Many people choose to agree to the AVO "without admissions" because after speaking to Police they understand it is not on their criminal record and they don't want anything to do with the "PINOP" ("Person in Need of Protection"). You should think long and hard before agreeing to this as an AVO sometimes has impacts on some employments and most importantly, once an AVO is granted, a PINOP will have the person on the AVO breached even if they did not do anything wrong and then it becomes a serious criminal matter (including one that has bail implications).

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One question that is not often asked is if you agree with the orders on an interim basis. Once the court has heard the matter, the provisional avo becomes an interim order. You have a right to oppose the interim order. It may be that at the very least you may request that some of the orders are lessened, particularly where children are involved. You should ensure that you are clear about what the orders are before agreeing to enter into any, including any interim orders.

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What does the Court consider when making an Order?

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Firstly pursuant to section 16 of the Crimes (Domestic and Personal Violence) Act 2007 the Court must be satisfied on the balance of probablites that a person has reasonable grounds to fear and in fact fears:

• the commission by the other person of a domestic violence offence;

• the engagement by the other person in conduct which intimidates the person or a person they have a domestic relationship with or stalks the person which is in the opinion of the court sufficient to warrant the making of an order. 

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There are exceptions for the requirement of the person having to actually fear. 

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Even if the basis of an AVO is found on the balance of probabilites pursuant section 16, the Court is required to take into account further matters pursuant to section 17 including:

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• The safety and protection of any PINOP and any child affected by the conduct of the defendant;

• How an order would effect the living arrangements of all parties, including the defendant's access to their residence;

• Any hardship caused by making or not making the order particularly to the PINOP and any children;

• The accomodation needs of all parties in particular the protected person and any children; and 

• Any other relevant matter.

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Most importantly subsection (3) states that the court is to ensure that the order imposes only restrictions on the defendata which are necessary for the protection of the protected person or child. 

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As can be seen from above ultimately, the Court balances ultimately the needs of all parties concerned and it is not necessarily only the views of the protected person that is taken into account. 

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