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Where am I now? Lawlink > Local Courts > Going to Court > Appeals & Apprehended Violence Orders
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Appeals & Apprehended Violence Orders
Information for defendants and protected persons
This information sheet is about the types of appeals that can be made in cases involving Apprehended Violence Orders (AVOs).
What types of appeals are there?
- An application can be made to the Local Court for a Review of a decision to make an AVO;
- An Appeal can be made to the District Court against the AVO; and
- An application can also be made to the District Court for an AVO, where the Local Court or Children's Court has dismissed an application.
You need to check which type of appeal is available to you and seek legal advice before deciding to apply for a review or an appeal.
1. The Local Court Review
If an AVO has been made against you and you were not present in court, you can apply to the Local Court for a review of the decision. The Local Court will review your case if:
- you did not know about the proceedings until they were completed; or
- you were stopped from taking action against the AVO by accident, illness, misadventure or other reason; or
- there are other good reasons why your application should be granted.
You application must be made within 2 years of the AVO being made, and before the AVO expires.
2. The District Court Appeal
A defendant can appeal to the District Court against the AVO made.
A protected person or a defendant or a police officer (if a police officer made the original application) can also appeal to the District Court against an order which changes or revokes an AVO.
An appeal to the District Court must be filed within 28 days of the AVO being made or within 28 days of a Local Court Review being finalised.
You can apply to extend the 28-day limit, but the extension must be applied for within 3 months.
Do I need special permission to appeal to the District Court?
In some cases the defendant will have to apply to the court for permission (called leave) to appeal against the AVO. These cases are:
- where the AVO was made in the defendant's absence; or
- where the AVO was made with the defendant's consent; or
- where the defendant has not made an application for a review to the Local Court.
The District Court will generally refuse permission to appeal if an application for a review to the Local Court could have been made and was not made.
Where the AVO was made in your absence, you should apply for a review to the Local Court before considering whether to appeal to the District Court.
What happens during the appeal?
Appeals to the District Court involve re-hearing the transcript of the evidence in the Local Court.
You will not be allowed to call witnesses or give evidence that was not given in the Local Court unless the District Court is satisfied that there are special or substantial reasons.
You are entitled to a free copy of the transcript.
Is the AVO still in place while I am waiting for the appeal?
The filing of an appeal against an AVO does not stay (suspend) the AVO. To have an AVO suspended, you must apply to the court that made the AVO.
How do I apply for a review or appeal?
Application and appeals forms may be obtained from and filed at your nearest Local Court.
Application fees apply. Fees may be waived in some circumstances. Ask the Registrar of the Local Court for more details.
3. Applying to the District Court for an AVO
If an application for an AVO is dismissed by a Local or Children's Court, either the person seeking protection or a police officer can apply to the District Court for an AVO.
The application notice to the District Court must be made within 28 days after the Local Court or Children's Court dismissed the original application for the AVO.
How do I apply to the District Court?
The staff at your local court office can assist you to apply to the District Court for an AVO. Contact the police, if the police made the original application.
Do I need to go to court?
Yes, you need to go to the District Court so that a judge can decide whether to make an AVO.
The defendant will receive a copy of the application and a notice to attend the District Court.
Who will represent me at court?
If you are the protected person and you made the application, it is recommended that you arrange legal representation through legal aid or by hiring a solicitor.
If you are the protected person and the Police made the application, the police will arrange for you to be represented by a solicitor from the Office of the Director of Public Prosecutions.
If you are the defendant, you may represent yourself at the district court. However, it is recommended that you seek legal advice before the court date.
Do you need an interpreter?
If you need an interpreter at court please tell the court staff or the police so they can arrange one for you.
Where do 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;
- NSW Police Service Customer Assistance Unit on 1800 622 571;
- Police Domestic Violence Liaison Officer at your local police station;
Updated May 2007
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