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Where am I now? Lawlink > Local Courts > Going to Court > Information for protected persons (Personal Violence)
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Information for protected persons (Personal Violence)
Information for protected persons (Personal Violence)
An application has been made for an Apprehended Violence Order (AVO) to protect you from a person (called the defendant) because there are fears that the defendant may physically hurt you, harass, intimidate, molest or stalk you.
What is an AVO?
AVOs are orders that a court makes to protect people. AVOs protect people by ordering defendants not to do specific things. AVOs can be made to last for as long as you need to be protected.
Do I need to go to court?
Yes. The application will be heard before a Magistrate in Court. The defendant will be given a copy of the application and a direction to attend court. The application notice briefly explains the reasons why the application has been made and lists the orders the court will be asked to make to protect you.
Costs Order
If you do not appear at court, or if the court dismisses your application, the court may order costs against you.
When do I go to court?
The application notice tells you the date, time and place when you should go to court.
Will I feel safe when I go to court?
Some courts have a safe area where you can wait until you go into court. It is a good idea to bring a friend with you for support.
Who will represent me at court?
If you made the application, you may represent yourself at court or hire a solicitor. It is recommended that you get legal advice before the court date.
If the application was made by the police, the police will arrange for the Police Prosecutor to represent you at court.
Do you need an interpreter?
Interpreters are provided free of charge for people seeking AVOs. If you need an interpreter at court please tell the court staff or the police so they can arrange one for you.
What happens at court?
If the defendant is at court, the defendant may agree or disagree with orders being made. If the defendant agrees with orders being made, the Magistrate may make the AVO on the same day. If the defendant does not agree with orders being made, another court date will be set to decide the matter. In the meantime, an interim (temporary) AVO may be made to protect you.
If the defendant does not attend court, and the defendant received the application notice, the Magistrate may make the AVO without the defendant being there.
If an AVO or interim AVO is made, a copy of the orders will be given to you by court staff.
Mediation
At any time when considering whether to make an apprehended personal violence order or after making such an order, a court may refer the protected person and the defendant for mediation by Community Justice Centres.
Where can I get more information?
- LawAccess NSW on 1300 888 529 (a local call from anywhere in NSW). LawAccess NSW is a free government telephone legal assistance service. It can also refer you to a lawyer.
Updated May 2007
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