Apprehended Violence Order is a court order against a person to protect you from further violence or any intimidation or harassment. An AVO says the person you fear (the defendant) should not stalk, harass, threaten or intimidate you. Let’s understand different types of apprehended violence orders permitted by Australian laws.
Types of AVOs
Legal experts mention two types of AVOs: Apprehended Domestic Violence Order (ADVO) and Apprehended Personal Violence Order (APVO).
Apprehended Domestic Violence Order (ADVO)
An ADVO is made when two people, the complainant and the defendant, live together, are related, are having an intimate relationship, or have previously been in that situation. An ADVO can also be made when the other person involved is part of an extended family of the other person. People living in the same facility can file for ADVO.
Apprehended Personal Violence Order (APVO)
An APVO is made when the two people involved in the order do not have a domestic relationship or are not related in any way.
How to Find an AVO Lawyer?
If you are filing for an apprehended violence order on your own through a local court. You need a lawyer to represent your case in the court. Here are a few tips for finding the best lawyer for apprehended violence orders in your city
Find Lawyers Specialising in AVOs
The Australian legal framework allows any lawyer to file for Apprehended Violence Orders on your behalf. However, AVO laws are complex, and you need an expert who understands different kinds of actions and domestic violence covered under different Australian laws. The lawyer will advise you on family law, housing and Centrelink.
It is always a good idea to select a lawyer specialising in AVOs to ensure the best representation in your case. When you go to the court with an AVO application. The court will allow the defendant to present their side before awarding an AVO. If the court cannot give the judgment in one hearing. The lawyer can request a temporary AVO for you and seek police protection until the court decides.
If necessary, the lawyer may present helpful evidence to the Magistrate to pass an Interim AVO. If the defendant does not consent to AVO, your lawyer will present supporting evidence to prove your point in court.
Ask the Prospective AVO Lawyer
Before selecting an AVO lawyer, you need to ask the prospective lawyer a few questions like:
- For how many years are you practising as an AVO lawyer?
- Have you ever served the defendant in AVO?
- How many cases have you fought in a court similar to yours?
- What is the outcome of these AVO cases?
Their answers will determine whether the prospective AVO lawyer is the right person to represent you in the AVO application in court. Communication and promptness are two critical factors considered while selecting an AVO lawyer.
Ask About Fees
There is no standard fee model for legal cases. Hence, it would help to ask the lawyer about the fees before hiring the lawyers. A good lawyer will present you with the total expenses of the AVO case. Which includes lawyer fees, various court fees and documentation fees.
To sum up, follow these tips to find the best AVO lawyer in the town when filing an AVO application in the local court.