Process for AVO
If you or anyone else is in immediate danger, call 000
straight away.
Otherwise, the first step is usually to ring the police and
report the violent behaviour. They will be able to give you advice and may be
able to make the application for an AVO on your behalf.
If you are fearful of immediate harm, you can apply for an
urgent or interim AVO to protect you until your application is heard. If not,
you can also apply for an order at a magistrates’ court or a local court, or in
some states you may be able to get a lawyer or someone you trust to apply for
you. You can usually include your children in the order. It’s a good idea to
get legal advice.
When you’ve made an application for an AVO, you’ll be given
a court date. At court, the person the application is against (the violent
person) can either agree to the order, oppose it, or ask for another court date
to give them time to get legal advice.
If the person the AVO is against (the violent person)
breaches a term of the order, you should ring the police who will investigate.
Breaching an AVO is a criminal offence in every state and territory, and there
may be other offences committed while breaching the order like assault or
property damage.
Legislation
This article reflects the state of the law as at 19 November
2015. It is intended to be of a general nature only and does not constitute
legal advice. If you require legal assistance, please telephone 1300 636 846 or
request a consultation at Avo Lawyer Melbourne