An application for an Apprehended Violence Order (AVO) or Apprehended Domestic Violence Order (ADVO) allows courts to make orders to protect a person from violence, intimidation and stalking by another person. AVO’s and ADVO’s were created to provide protection from violence in a quick and inexpensive manner.
When you commit an offence while driving, you may incur demerit points on your driving record as well as be issued a fine. If you reach the maximum demerit points for your licence type, your licence will be suspended for a period of time depending on the type of licence and demerit points accumulated.
To apply for an AVO or ADVO, the protected person must attend a Police station to report the incident and the police officer will make an application to the court on behalf of the protected person. The AVO or ADVO notice is then required to be served on the Defendant. The notice will include a court date that you are required to attend as well as the conditions of the AVO or ADVO.
Leading up to the first court date, the prosecution is required to serve a brief on you or your legal representative that includes the alleged facts, a copy of the victim’s statement and any video/photographs that the prosecution rely on.
When you attend Court on the designated court date, you are required to enter a plea of guilty or not guilty.
If you enter a plea of guilty, the matter will proceed to a sentence whereby the Magistrate will determine the conditions of the AVO or ADVO as well as the length of time it will be in place.
If you enter a plea of not guilty, the matter will be listed for hearing.
Prior to the hearing, the Defendant is required to serve any evidence that they intend to rely on in the hearing. At the hearing, the Prosecution and Defendant are required to make their argument (also known as submissions) as to why the AVO or ADVO should/shouldn’t be dismissed. At the conclusion of the hearing, the Magistrate will decide whether the AVO or ADVO order is made or dismiss the application.
