Information for Defendants
You have been served with an application for an Apprehended Violence Order (AVO) and a notice for you to attend court. The application has been made because there are fears you may physically hurt, harass, intimidate, molest or stalk the person(s) named in the application (the person(s) in need of protection).
What is an AVO?
AVOs are orders that a court makes to protect people. AVOs protect people by ordering you (the defendant) not to do specific things. AVOs can be made to last for as long as the person(s) needs to be protected.
Do I need to go to court?
Yes, you should go to court. The application will be heard before a Magistrate in 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 against you, to protect the persons named.
If you do not go to court, the Magistrate may make an AVO in your absence or a warrant may be issued for your arrest.
When do I go to court?
The application notice you have received tells you the date, time and place to go to court.
Who will represent me at court?
You may represent yourself at court. However, it is recommended that you seek legal advice before the court date.
What happens at court?
The Magistrate will ask you if you agree or disagree with orders being made.
If you agree with orders being made, the Magistrate may make the AVO on the same day. You may agree with orders without admitting to the reasons for the application.
If you do 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.
If an AVO or an interim AVO is made, you must go to the court office as soon as you leave the courtroom so that you can sign and collect your copy of the AVO.
If you do not attend court, the Magistrate may make the AVO in your absence. A copy of the AVO will then be served on you by the police.
Other information
If you disobey any of the orders in the AVO, you may be arrested and charged. The maximum penalty for disobeying an AVO is 2 years imprisonment and/or a fine of $5,500.
If an AVO is made, you will not be allowed to keep any firearms or hold a firearm's licence for 10 years after the AVO ends.
An AVO made against you does not give you a criminal record.
Where can I get more information?
- NSW Police Service Customer Assistance Unit on 1800 622 571;
- 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
