Fighting an AVO

For an AVO to be made against you the Court needs to be sure on the balance of probabilities (it is more probable than not) that the person for whom the order is being made (the protected person) has reasonable grounds to fear and is fearful that you will commit an act of personal violence, intimidate, or stalk the person seeking protection.

In short the Police/protected person have to prove that there are reasonable grounds that you will commit a personal violence offence or intimidate or stalk the protected person. In addition the Court has to be satisfied that the protected person in fact holds such fears.

It is impossible to explain all of the reasons why AVO matters are dismissed in Court but we have listed a few of these below:

  1. The protected person (alleged victim) tells the Court that they do not fear that you will commit a personal violence offence, intimidate or stalk them, and the court accepts this version.
  2. The protected person (alleged victim) is discredited under cross-examination and the Court does not accept their evidence.
  3. That the complaint made by the protected person is not serious enough to warrant the making of an Apprehended Violence Order.
  4. The Court does not accept the version given by the protected person.
  5. The Court cannot decide whether to believe you or the protected person.
  6. The protected person does not appear at Court and no warrant is issued for their arrest.
  7. That in the opinion of the Court the conduct alleged by the protected person is not sufficient to warrant the making of an Apprehended Violence Order.

It is common for Apprehended Violence Orders to be dismissed for the reasons given above. We believe this is largely due to the fact that the law requires Police to take action if they suspect a domestic violence offence is being committed, or is imminent or is likely to be committed against a protected person. This means that the Police do not always have the opportunity to take statements from witnesses and carefully consider what action needs to be taken. Instead they have to make decisions quickly and make judgment calls based on the limited evidence that they have at that time. Fortunately it is the Court’s job to make sure that Apprehended Violence Orders are only made for the protection of those people that deserve them.

Please ring 9261 4555 for advice on your chances of successfully fighting an AVO.

Disclaimer

The information presented on this website has been provided by Armstong Legal. The pages on this website are not a substitute for legal or other professional advice. Accessing or obtaining information from this website does not create a client-lawyer relationship.