Increased efficiency for apprehended violence order applications
People involved in domestic and personal violence cases have new procedures to be aware of when applying for apprehended violence orders (AVOs).
The procedures for applying for AVOs have been streamlined, but some common issues arise, particularly if you do not use the services of a qualified lawyer.
People applying for an AVO will need to provide all written statements within two weeks, and the other party has a further two weeks to provide their reply. The case is then listed for a court date one week later to check that all statements have been provided.
If an applicant fails to provide their statement, the application may be struck out. If a reply has not been provided, the matter will proceed on the applicant’s evidence alone.
Problems may arise because a common occurrence is for those defending an AVO to also be defending one or more criminal charges. They may face the real threat that anything they say in an AVO case may form the basis for future charges not yet laid by the police. For example, written replies in the AVO matter may amount to admitting to a criminal offence.
Contact your solicitor if you have questions about the new AVO requirements.