Interim AVO is temporary and does not automatically become a final AVO
In NSW, an Interim Apprehended Violence Order (AVO) application is critical in seeking urgent protection for a person who fears violence, harassment, or intimidation. The court process for an Interim AVO application is designed to provide immediate protection before a full court hearing can take place. Here’s what happens in court during an interim AVO application in NSW:
- Filing of Application: The process typically begins when the protected person, police, or an authorized representative files an application for an Interim AVO at the local court. The application outlines the reasons for seeking the order and presents evidence to support the perceived threat or risk.
- Urgent Hearing: Once the application is filed, the court will prioritize an urgent hearing to consider the request for an Interim AVO. The hearing will occur as soon as possible to protect the person in need.
- Presentation of Evidence: During the urgent hearing, both the applicant and the respondent (the person against whom the order is sought) can present their case and provide evidence. The applicant must demonstrate to the court that there is a genuine fear of violence or harm, justifying the need for immediate protection.
- Consideration of Circumstances: The court will carefully consider the evidence presented and assess the circumstances of the case. It may also consider any prior history of violence or intimidation between the parties.
- Decision on Interim AVO: After evaluating the evidence and considering the circumstances, the court will decide on the Interim AVO application. If the court is satisfied that there is an immediate risk to the safety of the protected person, it will grant the Interim AVO.
- Temporary Protection: Once the Interim AVO is granted, it becomes immediately effective, offering temporary protection until a full court hearing can be scheduled. The order will outline specific conditions that the respondent must adhere to, such as not contacting or approaching the protected person.
- Full Court Hearing: Following the granting of the Interim AVO, a full court hearing will be scheduled later. This hearing allows both parties to present their case in more detail and offer additional evidence.
- Final Decision: During the full court hearing, the court will consider all the evidence presented by both parties. It will then decide whether to continue the Interim AVO as a final AVO, with longer-term protection or to dismiss the order if there is no longer a need for protection.
It’s important to note that an Interim AVO is temporary and does not automatically become a final AVO. The full court hearing is critical in determining the long-term validity and conditions of the AVO. If either party is dissatisfied with the court’s decision, they may have the right to appeal the outcome.