AVOs & VROs
4. AVO with Police Assistance
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 26 Jun 2015
- You can report a violent or scary experience to the police who may then agree to make an application for an AVO on your behalf.
- Police may also speak to you about an AVO after they have attended an incident or taken a report of an incident.
- Police in NSW have a policy of applying for an AVO where domestic violence has occurred or is likely to occur.
- This may happen even if the protected person does not think an AVO is necessary or oppose s the AVO being made.
- In urgent circumstances the police may issue a provisional or interim (temporary) AVO on your behalf which will provide you with protection until the court date to determine your AVO application.
- You should be aware that a provisional AVO is not enforceable until it has been served (personally delivered) to the named person.
- When speaking with the police you should provide them with the following details:
- the name of the person you want protection from, called ‘the named person’;
- their address;
- their date of birth;
- the relationship between you and the named person;
- the names of anyone else you want protected such other family members living with you;
- details of the incidents that are causing you fear;
- details of any injuries caused by the named person including any medical treatment obtained;
- details of any damage to property by the named person;
- information about the named person’s alcohol or drug use;
- information about the named person’s access to firearms;
- information about the named person’s mental health; and
- information about any previous AVOs that have been made to protect you from the named person.
- You will be asked by police to sign your statement. Any statement you make to the police must be true. If you make a false statement you can be charged by the police with making a false statement.
- If you want to change your statement you should seek legal advice before doing so.
- The police will provide you with a copy of your signed statement.
- The police will then investigate the matter and determine whether to proceed with an application for an AVO.
- If they decide to proceed they will need to serve the application on the named person. This means that they must personally give it to the named person.
- You will be required to attend the court at the time and date specified by the police.
- If the police decide not to proceed with an application you can consider making a private application for an AVO.
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