Feeling unsafe or threatened by someone? You’re not alone, and help is available. Applying for an Apprehended Violence Order (AVO) can be a crucial step in protecting yourself. At Coastal Lawyers, we want to make this process as straightforward as possible. Here’s a step-by-step guide to help you through it.
Step 1: Recognize the Need for Protection
The first step is acknowledging that you fear someone, legally known as the defendant. This fear can arise from various forms of intimidation, threats, or physical violence. Recognizing this need for protection is the crucial first step.
Step 2: Initiate the Application
You have two options here:
- The police can apply on your behalf, which is often the case in more severe situations. They’ll gather evidence and submit the application to the court.
- Alternatively, you can personally go to your local court to complete an AVO application. The court staff are there to assist you, so don’t hesitate to ask for help if you need it.
Step 3: Serve the AVO Application
Once the application is completed, it must be served on the person you fear—the defendant. This means the defendant will be officially notified of the application and the claims against them. This is a necessary step to ensure that both parties are aware of the legal proceedings.
Step 4: Attend the Mention Hearing
After the application is served, the case will be listed for ‘mention’ at the local court. A mention is a preliminary hearing where the magistrate will review the application and decide on the next steps. Both you and the defendant will have the opportunity to attend this hearing.
Key Terms to Know
- Defendant: The person defending against the AVO.
- Applicant: The person seeking the AVO.
- PINOP (Person in Need of Protection): This term refers to the person who requires the protection offered by the AVO.
Additional Support
At Coastal Lawyers, we understand that this process can be daunting. We’re here to provide you with the support and guidance you need every step of the way. If you’re feeling overwhelmed or unsure about how to proceed, don’t hesitate to reach out to us.
Need Help?
Coastal Lawyers are Central Coast family lawyers. We offer representation in all areas of family law, including AVOs, divorce, separation, parenting, property, and maintenance.
Contact us today to book a confidential consultation and take the first step towards ensuring your safety and peace of mind.
DISCLAIMER (BECAUSE WOULD WE EVEN BE LAWYERS WITHOUT ONE):
The information contained in this blog is for informational purposes only. It is not a substitute for your own research and/or legal advice. If you need legal advice, you can book an obligation-free appointment with Coastal Lawyers online.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.