Applying for an AVO (Apprehended Violence Order) in New South Wales can be a daunting task, before you get too far into this, we always strongly suggest that you contact Nichole Orr for the best advice before you proceed with an AVO. To give you an idea on how the process works here are the steps in applying for an AVO.
Step 1: Filling Out the Application Form
The first step towards applying for an AVO is to fill out the application form. This form can be obtained from your local police station or downloaded online. The form requires you to provide information about yourself and the person you seek protection against (the respondent). You will also have to explain why you need the order, provide details of any incidents that have occurred between you and the respondent, and state whether there are any other current proceedings involving either party. Once you have filled out all the necessary information, sign and date the form and submit it to your nearest police station or court.
Step 2: Serving Documents Upon Receipt of Your Application
Once your application has been received by either a police station or court, documents must then be served on the respondent. This means that they must receive notification of your application so that they can prepare their case if they decide to oppose it. Service can be done with either personal service (where a copy of your application is given directly to them) or substituted service (where documents are delivered via mail or a third-party). It is important that service is done properly as failure to do so could result in delays or even dismissal of your case.
Step 3: Attending Court
After both parties have been served with documents, a hearing will be held in court where both parties will present their cases before a magistrate. The magistrate will then decide whether an AVO should be issued. At this hearing, both parties have a chance to tell their side of the story and present evidence such as witness statements or photographs. After both parties have finished presenting their cases, the magistrate will decide whether an AVO should be issued and what conditions should apply if one is granted.
Applying for an AVO in New South Wales can seem like an intimidating process but understanding how it works makes things much simpler for homeowners seeking protection from violence or harassment. The key steps involved include filling out the relevant forms, serving documents upon receipt of your application, and attending court for a hearing where both sides can present their cases before a magistrate who decides on whether an AVO should be issued with what conditions attached if one is granted. With these tips in mind, still, the most important bit of advice we can give is to make sure you get the best legal advice you can before applying for an AVO. We encourage everyone who is facing an AVO on either side to please contact Nichole Orr from Orr Legal today.
