The three options are:
- Consent to an AVO being put in place;
- Consent to an AVO being put in place but do not consent to the allegations and facts suggested by the person asking for protection (referred to as “consent without admissions”). This means that you agree to an AVO but do not agree to what the other person says you have done to them;
- Do not consent to an AVO being put in place and have the application listed for a defended hearing.
Some people may wish to consent because they do not care if an AVO is in place and they do not want to spend the time and money attending Court to defend the matter. However, it is important to note that any breach of AVO is a criminal offence. Also, any person the subject of an AVO must disclose this to certain authorities and is unable to hold a firearms licence. Therefore it is always best to seek legal advice when deciding how you respond to an AVO application.
If you wish to defend an AVO, the Magistrate will order you to file all relevant material with the Court. This may include statements from any witnesses that you call in your support. Once this has been done the Magistrate will set the matter down for a hearing date. This is similar to a local court trial where each party will call witnesses and they will need to give evidence before the Magistrate. After all the witnesses have been called the Magistrate will then decide whether an AVO should be put in place.
It is important to remember when deciding whether or not to defend an AVO there is a lower threshold for the applicant to prove they have a genuine fear of the defendant. In a criminal matter the threshold is much higher and it is harder for the Police to prove.
Please note the answers provided are for your general information only and we ask you to call our office on 02 6331 2911 to obtain detailed legal advice for your individual situation.
Alice Cheek | Criminal Law Solicitor