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Where am I now? Lawlink > Local Courts > Interim Apprehended Violence Orders
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Interim Apprehended Violence Orders
Information for defendants & protected persons
An Interim Apprehended Violence Order (Interim AVO), which affects you, has been made by a court. The Interim AVO has been made against the defendant for the protection of another person or persons (the protected person(s)). A copy of the Interim AVO is attached.
What is an interim AVO?
AVOs are orders that a court makes to protect people. AVOs protect people by ordering defendants not to do specific things.
Interim AVOs provide temporary protection to people. The Interim AVO lists a number of things that the defendant must not do. The defendant must obey the orders made by the Court in an Interim AVO.
When does the Interim AVO start?
If the defendant is at court when the Interim AVO is made, the Interim AVO starts immediately. If the defendant is not at court when the Interim AVO is made, the Interim AVO starts when the defendant receives a copy of the Interim AVO from the police.
How long does the Interim AVO last?
The Interim AVO will last until:
- the court makes a final AVO (if the defendant is in court when the final AVO is made); or
- the defendant is served with a copy of a final AVO; or
- the court cancels the interim AVO; or
- the application is withdrawn or dismissed.
Do I need to go to court?
Yes. You need to go to court so that a Magistrate can decide whether to make the final AVO. If you do not go to court, the Magistrate may make a decision in your absence. If you are the defendant and do not go to court, a final AVO may be made in your absence or a warrant may be issued for your arrest.
When do I go to court?
The Interim AVO form will tell you the date, time and place to go to court. If you are the protected person it is important that you arrive at the court 30 minutes prior to the hearing time to discuss your case with the Police Domestic Violence Liaison Officer (DVLO) or the Police Prosecutor.
Will I feel safe when I go to court?
Many courts provide safe waiting areas and have a Women's Domestic Violence Court Assistance Scheme (WDVCAS) to provide support for protected persons at court. You may also bring a friend with you. Staff of the WDVCAS will also be available 30 minutes prior to the hearing time to assist protected persons through the court process. Contact the local court office to see if there is a WDVCAS available to help you.
What happens if the defendant disobeys the Interim AVO?
It is a crime to disobey an Interim AVO. If the defendant disobeys any of the orders in the interim AVO, the defendant may be arrested and charged.
The maximum penalty for disobeying an AVO is two years imprisonment and/or a fine of $5,500.
If you are the protected person and the defendant disobeys any of the orders in the Interim AVO, call the police immediately.
Other information
Any firearms licence held by the defendant is suspended while the Interim AVO is in force. If a final AVO is made the defendant will not be allowed to keep any firearms, or hold a firearms licence for 10 years after the AVO ends.
If you are the defendant and have a firearms licence, or any firearms, you must immediately surrender them to the police.
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.
Contacts about Domestic Violence
- The Women's Domestic Violence Court Assistance Scheme offers general support and information to women and can refer you to other services in the community. Contact your Local Court to see if there is a Scheme available to help you and if you require court support on your next court date;
- Domestic Violence Liaison Officer or Victim Support Officer at your local police station;
Updated May 2007
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