If someone applies for an AVO against you, or the police apply on their behalf, you may be served with an interim or short term AVO while the matter is being dealt with further.
An interim AVO is similar to a full AVO in that it restricts your behaviour and the contact you have with the alleged person in need of protection (PINOP), but it only lasts until the matter is officially decided.
Under what circumstances would I get an interim AVO?
There are a number of different situations which could lead to you being served with an interim or short term AVO, including:
- Where you decide to contest the AVO, and the matter goes to court. The magistrate will often issue an interim AVO in the meantime.
- If you have a scheduled court appearance regarding an AVO which someone is trying to take out against you, and you fail to turn up at the required time.
- In situations where there are believed to be exceptional circumstances and the alleged PINOP is in need of immediate protection.
If you are facing a potential AVO and the matter is being heard at court it is essential that you attend your scheduled appearance.
If you are planning to defend yourself you will need to be there, and if you do not attend the matter could be dealt with in your absence regardless.
What are the conditions of a short term AVO?
An interim AVO will generally have similar conditions to a full AVO.
The specific restrictions will depend on the individual circumstances, but in general if you have been issued with a short term AVO the amount and type of contact you have with the alleged PINOP and anybody they reside with will be restricted.
This could mean that you will need to find somewhere else to live, you may not be able to see your children, and you may not be allowed to go within a certain distance of the other person.
How long does an interim AVO usually last?
An interim AVO is temporary and lasts until the matter is fully decided.
This is usually a period of a few weeks between when the AVO was applied for and the date that it is due to be heard at court.
Once the matter is dealt with at court, a full AVO will be issued or the application for an AVO will be denied, and the interim order will be lifted.
What happens if I breach the conditions of an interim AVO?
If you don’t abide by the conditions of your interim AVO you could face criminal charges and further penalties.
These penalties can include imprisonment or a fine so it is important that if you have been served with an interim AVO, even if you don’t agree with it, you stick to the conditions until you are able to present your case.
How can I contest an AVO that is being made against me?
When you are served with an AVO you have the choice to either accept the conditions (which doesn’t mean admitting to any charges made against you) or to challenge the AVO.
If you are planning to challenge an AVO that is being made against you, it is important that you seek advice from a criminal lawyer.