Apprehended Violence Order – If a person does not consent to an AVO, the matter will be adjourned so the magistrate can decide whether there are grounds to make an order. In such a circumstance, a person can request for an Interim Apprehended Violence Order to be made until the hearing.
If a matter is adjourned, the applicant may be required to provide written statements to the court by a certain date, and directions in regards to the statement will be provided by the court. If all parties have complied with the directions of the court, the matter will be listed for mention.
Failure to comply with the court’s directions can lead to a dismissal of the matter, or alternatively, the court may require any outstanding statements to be filed. A person who is subject to the application, but does not comply with the directions, may not be allowed to provide evidence at the hearing.
If all parties have complied with the court’s directions, a hearing date will be set and it is essential to attend court or the application may be dismissed. Alternatively, if the person subject to the application fails to attend the hearing on the stipulated date, they may then be subject to an order – even if they are absent from the hearing.