The person against whom the order is sought, the defendant, has two options, to consent to the order or to contest the order.
If you chose to consent to an AVO you can do so without admissions. This means that you are not agreeing to or admitting any or all or the particulars of the application. Rather, you are stating that you don’t object to the order being put in place because you are happy to comply with the prohibitions and restrictions sought in the application.
If you choose to contest an AVO, the matter will be listed for hearing and both parties, the applicant and the defendant, will have to provide evidence. The magistrate will then make a determination as to whether the order is warranted and if so, what prohibitions and restrictions on the behavior of the defendant are necessary or desirable to ensure the safety and protection of the applicant.
Once an order has been made by the Court it must be complied with. To knowingly contravene a prohibition or restriction specified in an apprehended violence order is an offence punishable by a maximum fine of $5,500 and or imprisonment for a period of up to 2 years.
Although consenting may often be the most expeditious way to dispose of an AVO, it needs to be remembered that breaching an AVO is a criminal offence.
If you require advice or representation in relation to an AVO matter the experienced solicitors at Everingham Solomons can assist you because Helping You is Our Business.
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