Stages of AVO from SMSMAN's blog

If the matter is deemed serious enough, a Provisional Order may be made which means once the order is served, the order is legally valid and binding.

At the first court date, a Provisional Order is automatically made into an interim order by the Court.

This is where an order has been made by the Court and is enforceable for a period of one to two years depending upon the application.

Establishing an AVO requires meeting certain grounds such that you will have to show reasonable grounds to fear and in fact fear;

1. The commission by the other person of a personal violence offense against the person,
2. The engagement of the other person in conduct amounting to harassment of the person, being conduct that, in the opinion of the court is sufficient to warrant the making of the order,
3. The engagement of the other person in conduct in which the other person intimidates the person (or a person with whom the person has a domestic relationship) or stalks the person, being conduct that, in the opinion of the court, is sufficient to warrant the making of the order. The standard of proof in AVO matters business law sydney is not beyond reasonable doubt as it is in criminal proceedings. The standard of proof that applies is the lower civil standard- on the balance of probabilities.

The consequences of an AVO can have a significant impact on an individual such that they may be prevented from residing or approaching loved ones (i.e. wife or children), prevented from owning a firearm, may not be considered for certain types of employment and lastly the most important is that it can impact your Australian visa applications. Moreover, AVO matters involving assault or other criminal charges may lead to visa cancellations and the holder of a substantive visa being deported. Therefore, rather than consenting to an order of AVO, it is better to defend in such proceedings.