AVOs & VROs
6. Being Served with an AVO
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 26 Jun 2015
- If you are served with an application by the police you should seek legal advice immediately. Our LegalPlan™ membership will help you contact a local lawyer who can answer all your questions and provide you with preliminary advice.
- You should not make contact with the protected person even if they try to contact you.
- When you are given an application for an AVO it will tell you the time and the date that the court will hear the application. You must attend the court named on the application at the date and time specified.
- You must attend court so you can tell the court what you want to do. The options available include:
- asking for an adjournment (postponing the hearing) while you get legal advice or obtain important evidence;
- consenting or agreeing to the AVO with or without admissions. An admission is when you agree that the applicant has told the truth;
- not consenting to the AVO and having the matter listed for hearing; or
- agreeing to give a formal undertaking (promise) to the court if the application is withdrawn.
- If you ask for an adjournment you must have a good reason to do so.
- Adjournments can be provided because you may not have had time to consult a lawyer.
- The court may adjourn the matter for one or two weeks for you to obtain legal advice but when that time runs out you will need to return to the court and tell them what you want to do.
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