Upload
turnbull-hill-lawyers
View
148
Download
2
Tags:
Embed Size (px)
Citation preview
Legal Disclaimer
This presentation is offered for general information
purposes only. It does not constitute specific legal
advice or opinion. You should not act or rely upon any
of the information contained within this seminar
without seeking the advice of a qualified solicitor who
specialises in the particular area of expertise and
jurisdiction that you require.
Introduction
When applying for an AVO, you should first
consider if you can prove (under the Crimes
(Domestic and Personal Violence) Act 2007) that
you need an AVO.
When applying for an AVO you will need to prove
two matters:
Introduction
1. That you fear that another
person will be violent towards
you, harass you or intimidate
or stalk you (this is a
subjective test, which means
that it is based on what you
actually feel), and…
Introduction
2. That your fear is based on
reasonable grounds (this is
an objective test, which
means it is based on whether
the court believes that a
person in your situation would
feel the same as you).
Presentation Outline
1. How do I apply for an AVO? 7
2. Can the police apply for an AVO on my behalf? 11
3. What happens if I make a false or misleading statement
whilst applying? 13
4. What are the costs involved in applying? 14
5. How do I get my personal property back? 15
Slide #
1. How do I apply for an AVO?
An application for an Apprehended Violence
Order (AVO) can be made in two ways:
1. by the police on your behalf (called a 'police
application')
2. by you personally at your local court (called a
'private application')
Home
1. How do I apply for an AVO?
If the application is for an APVO, the court will
make an order that you and the defendant attend
mediation, unless there is a good reason not to
do so.
Home
1. How do I apply for an AVO?
When an application is made, the people involved
in the application are called:
1. Applicant: this is the person asking the court
to make an AVO. If you made the application
through the Local Court, you will be the
applicant. If a police officer made the
application for you, the applicant will be the
police officer. The applicant may also be
called 'the complainant'.
Home
1. How do I apply for an AVO?
2. Protected Person: this is the person who
needs protection from the defendant. You may
also be called the 'Person in Need of
Protection' (PINOP).
3. Defendant: this is the person who you want
protection from and who you want the AVO to
be made against. An AVO can't be made
against more than one defendant. If you want
protection from more than one person, a
separate application should be made for each
defendant.
Home
2. Can the police apply for an AVO on my
behalf?
The police usually have to make an application on
your behalf if:
1. the police believe that a domestic violence
offence has been, is being, or will be
committed against you, or
2. a person stalks or intimidates you with the
intention of causing you to fear physical or
mental harm, or
Home
2. Can the police apply for an AVO on my
behalf?
3. an offence against a child or young person has been, is being, or will be committed.
If you want an AVO against someone you are, or have been, in a domestic relationship with, you should contact the police.
Home
3. What happens if I make a false or
misleading statement whilst applying?
It is an offence to make a
false or misleading statement
to a magistrate or registrar
when applying for an APVO.
The police can also charge
you for making a false or
misleading statement to the
court in an AVO matter.
Home
4. What are the costs involved in applying
for an AVO?
In AVO matters, the court may award costs
against the unsuccessful party.
However, if you are applying for an apprehended
domestic violence order, the court can only award
costs against you if your application was 'frivolous
or vexatious'.
A frivolous or vexatious application is an
application that is trifling or not serious or
deliberately made to cause unnecessary trouble.
Home
5. How do I get my personal property back?
If you have left personal property with the
defendant, or the defendant has left personal
property with you, the court can make orders that
the property be returned.
Orders may be made about clothes, personal
papers and children's toys. In most cases a police
officer or officers will come with either you or the
defendant to get the property.
Home
5. How do I get my personal property back?
A Property Recovery Order can only be made at
the same time that a Provisional, Interim or Final
AVO is made.
Home
5. How do I get my personal property back?
If you need to recover your property urgently and
can't wait until the matter is heard in court, you
should contact the police, as they may be able to
help you get your belongings. The police can't
help you take property if there is disagreement
about who owns it as disputes about property
ownership need to be resolved in court.
Home
Turnbull Hill Lawyers – Contact Us
If you have any further questions about AVOs or
you'd like to discuss a related matter, please
contact our Criminal Law team.
We will endeavour to respond to your enquiry
within 24 hours.
Need Criminal Lawyers in NSW? Call Us
We service Newcastle & the Central Coast
Home