AVOs & VROs
7. What Happens in Court
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 26 Jun 2015
- If the named person does not attend court but they have been served the magistrate can order an AVO in their absence.
- If the named person has not been served the magistrate can make an interim (temporary) AVO to cover the period until the next court date.
- In more serious cases the court may issue a warrant for the named person. This is a court order requiring the named person to be arrested and brought before the court.
- If the named person agrees to the orders in the application then the AVO can be made by consent (agreement).
- A named person can consent to an AVO being made without admitting that what has been said in the application is true.
- If the named person does not agree to the orders in the application then a date will be set for a hearing.
- The magistrate can make an order for an interim (temporary) AVO to be put in place until the hearing.
- The named person can agree to this interim order without admitting that what has been said in the application is true.
- If the named person challenges the request for an interim order, the protected person may be required to tell the magistrate why they need the order.
- The magistrate will then decide whether an interim AVO is necessary.
- At the hearing the protected person will need to to show why an AVO should be granted.
- Both the protected person and the named person may be required to give evidence to the magistrate.
- For apprehended personal violence orders (where there is no domestic violence) the magistrate has the power to require the protected person and the named person to attend mediation at a Community Justice Centre unless the court is satisfied that there is a good reason not to.
- The magistrate then determines whether to issue an AVO and the form which the AVO will take including:
- the length of the AVO and
- whether any conditions should be included.
- The types of conditions which could be included might require the named person:
- not to go within a certain distance of the home or workplace of the protected person;
- not to live at particular place;
- not to carry or possess any firearms; or
- not to contact the protected person
- by telephone;
- by sms;
- by email; or
- in person.
- An AVO can also include a condition that one of the parties collect their personal property from a specified location. It can include a direction that the police or another person go along with the party to collect the property.
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