Responding to an Apprehended Violence Order (AVO) application can be stressful and confusing. This article will provide an outline of what to expect if you are required to attend court. Although AVO proceedings are civil in nature, the outcome can have serious implications; including restrictions on your movements, contact with others, and potential consequences in family law or employment. Understanding the process is essential. This article will guide you through each key stage; the initial mention, how to prepare and present evidence, what happens on hearing day, and how the Magistrate makes a final decision on the application.

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The First Court Date (the Mention)

The first court appearance in an AVO matter is called the mention. Its main purpose is to confirm whether the defendant agrees or disagrees with the AVO being made. At this stage, the Magistrate may also check if both parties have legal representation and whether the matter is ready to proceed. No witnesses are called and the court does not hear evidence at the mention. If the defendant opposes the AVO, the court will set a timetable order for filing evidence and list the matter for a hearing at a later date.

Your Options on the Day

At the first mention of an AVO application, a respondent typically has three main options:

• Consent to the AVO without admissions: This means you agree to the AVO being made, but without admitting to the allegations. The order is granted and the matter ends.
• Contest the AVO: This means you disagree with the application. The court will set timetable orders for both parties to file evidence and list a hearing date.
• Seek and adjournment: You request more time to obtain legal advice or prepare. The matter is postponed to a future date for further mention.

Do You Need to Attend?

Yes, attendance at the first mention is usually mandatory if you are the respondent to an AVO unless you have legal representation appearing on your behalf. Failing to have anyone appear without a valid reason can have serious consequences. The court may proceed in your absence and make a final order based solely on the applicant’s evidence. This means the AVO could be imposed without you having a change to response. In some cases, a warrant may be issued for your arrest. If you are genuinely unable to attend, it is essential to notify the court.

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Evidence and Hearing Preparation

What Happens if You Contest the AVO

If you choose to contest an AVO at the first mention, the court will set a timetable for both parties to prepare and file their evidence. This process is usually done by way of written statements known as affidavits. This applicant will be required to file their evidence first, followed by the respondent’s evidence in response. The court may also list a further mention to check compliance with these deadlines.

Once all evidence is filed, the court will set a date for the final hearing. In the lead up to the hearing, both parties should review their evidence, prepare relevant documents, and consider witnesses. Legal representation is strongly advised as the hearing will involve formal questioning of witnesses and legal submissions. The magistrate will ultimately decide whether to grant or dismiss the AVO based on the evidence presented.

How to Prepare for the Hearing

Proper preparation is crucial if you are contesting an AVO. Begin by working closely with your lawyer to develop a clear strategy and gather relevant evidence. You should collect documentation that supports you version of events, such as text messages, call logs, emails, social media posts, photos of CCTV footage. If witnesses were present during any relevant incident, obtain written statements or confirm their availability to attend court.

Carefully review the applicant’s evidence and identify inconsistencies or areas to challenge. Be prepared to respond clearly and calmy under cross-examination. Organise your documents in chronological order and ensure your affidavits are accurate and detailed. Early legal advice can make significant difference; your lawyer can help you understand and prepare for the matter. A well-prepared case will increase your chances of having the AVO dismissed.

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Attending the Final Hearing

What to Expect in the Courtroom

A contested AVO hearing is formal court process where both parties present their evidence before a Magistrate. The applicant presents their case first. This involves calling witnesses to give evidence and be cross-examined by the respondent or their lawyer.

Once the applicant’s case concludes, the respondent then presents their own evidence and may also call witnesses. Both sides have the opportunity to make closing submissions, summarising the evidence and arguing why the order should or should not be made.

The Magistrate will assess all evidence. Including written statements and oral testimony, and apply the legal test on the balance of probabilities. The Magistrate will then either dismiss the application or make a final AVO.

Can You Propose an Undertaking Instead?

An undertaking is a formal promise made to the court by the respondent to behave in a certain way; usually to avoid harassment, threats, or contact with the protected person, without admitting to any wrongdoing. It is sometimes proposed as an alternative to a final AVO, particularly in less serious matters or where both parties want to avoid the stress of a contested hearing. Undertakings are not legally enforceable like an AVO, but they are still recorded by the court and taken seriously.

If both parties agree, the Magistrate may accept the undertaking in place of making an AVO. However, police are often reluctant to accept undertakings, especially if they are the applicant. If an undertaking is proposed, it should be done through your lawyer, who can negotiate the terms and present them to the court. If accepted, the AVO application is usually withdrawn and the matter concludes.

Consenting Without Admission

Consenting to an AVO without admissions means that you agree to the order being made, but without admitting to the allegations or any wrongdoings. This is a common way to resolve AVO matters quickly and avoid the stress, cost, and uncertainty of a contested hearing. It may be appropriate when the respondent wants to move on, the conditions are manageable, or when there are other legal proceedings, such as family law, where avoiding conflict is beneficial.

Consenting without admissions is not a finding of guilty and cannot be used as evidence of wrongdoing in other court matters. However, the Avo itself has legal effect and will be recorded. Breaching its terms is a criminal offence. This option should be carefully considered with the help of a lawyer, as it may still have consequences for employment, licensing, or family court proceedings.

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The Court’s Decision and What It Means

Possible Outcomes

At the conclusion of an AVO hearing, the court may deliver one of several outcomes depending on the evidence and circumstances of the case:

• Final AVO made – The Magistrate grants the AVO. This means the respondent must follow the conditions set by the order for a specified period (usually 12-24 months). Breaching any condition is a criminal offence.
• AVO Dismissed – The court finds that the legal test has not been met and dismisses the application. No order is made, and the respondent is free from any restrictions.
• Undertaking Accepted – The court may accept a formal promise (undertaking) from the respondent instead of making an AVO. This is not legally enforceable but is noted by the court.
• Order by Consent Without Admission – The respondent agrees to the AVO being made without admitting the allegations. This resolves the matter without a hearing, but the order is still enforceable.
• Adjournment or Judgement Reserved – In some cases, the court may adjourn the matter for further evidence or reserve judgement and deliver a decision at a later date.

If the AVO Is Made Final

If the court makes a final AVO, the respondent must comply with all conditions set out in the order for the duration specified; typically, 12 to 24 months. The most common condition is that the respondent must not assault, threaten, harass, stalk, or intimidate the protected person.

Additional conditions may include prohibitions on contacting the person (directly or indirectly), approaching their home or workplace, or coming within a certain distance of them. If children are included, there may also be restrictions on contact or custody arrangements.

Although an AVO is a civil order, breaching any of its conditions is a criminal offence and may lead to arrest, charges, and possible penalties including fines or imprisonment. Courts threats breach very seriously, even if no physical violence occurs. It is essential to understand and follow the order carefully. If you are unsure about any part of the order, seek legal advice immediately.

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Why Legal Representation Makes a Difference

Having a lawyer represent you in AVO proceedings can significantly affect the outcome. A skilled defence lawyer can assess the strength of the application, advise you on whether to contest or consent, and help you prepare persuasive evidence. They can negotiate with police or the other party, identify legal flaws in the application, and cross examine witnesses effectively at hearing.

Legal representation also ensures your rights are protected throughout the process and that procedural rules are followed.

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