AVO PROCEEDINGS DURING THE COVID-19 PANDEMIC (NSW)

Posted April 4, 2020

In a continuing effort to minimise the spread of COVID-19, this week the NSW Local Court has announced temporary changes to matters involving Apprehended Violence Orders (AVOs). These changes are aimed at further reducing physical Court appearances and may directly impact your case.

This information is current as at 04 April 2020.

What changes have been made to current AVO proceedings?

All AVO hearings which were listed in April 2020 have been deferred and listed for mention in early May.

Where AVOs are listed for mention only, there is no need for a physical appearance at Court. The matter can be dealt with electronically by emailing the Court.

Until further notice, any stand-alone AVOs (i.e. an AVO with no related criminal charge) which is:

listed for mention,
to be defended, and
ready to take a hearing date

will be adjourned for mention in approximately 3 months, at which time the Court will reassess the position in relation to the impact of the pandemic and its ability to list AVO matters for hearing.

What about new AVO proceedings?

If Police have recently served a stand-alone AVO on you (i.e. an AVO with no related criminal charge) your first Court date is likely to be in approximately 3 months.

Despite this, you may be able to apply to have the AVO conditions varied sooner than this. AVO conditions can place significant restrictions on you and breaching an AVO is a criminal offence. See below for more information.

When your court date comes up there is no need for a physical appearance at Court. The matter can be dealt with electronically by emailing the Court.

If Police have recently charged you with a criminal offence and served you with a related AVO your first Court date for both the criminal charge and AVO is likely to be in approximately 3 months.

When your court date comes up there is no need for a physical appearance at Court. The matter can be dealt with electronically by emailing the Court.

Can I apply to have the AVO conditions varied before the first Court date?

Yes, but only if the application is considered by the Court to be urgent.

AVO conditions can place significant restrictions on you. You may no longer be able to contact your partner or children, or you may not be allowed to return home. If you breach the conditions of an AVO you could be charged with breaching an AVO, which is a criminal offence with a maximum penalty of 2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500).

If you would like to apply to have the AVO conditions varied you should seek legal advice as soon as possible. Our lawyers are available for appointments via phone, Zoom or FaceTime.

What about applications to vary the AVO conditions for a matter which has already been listed at Court?

The Court is still able to deal with urgent applications to:

Vary AVOs
Revoke AVOs

Correspondence should be sent to the Court outlining the nature of the application and the reasons why it is urgent.

If a magistrate agrees that the application is urgent, advice will be provided by email to the parties regarding arrangements for the Court to deal with the application. The application may be dealt with by way of written submissions if the parties consent to doing so.

I want to consent to an AVO. Can I still do this?

If you intend to consent to a final AVO on a ‘no admissions’ basis, this can be done electronically by emailing the Court. No physical appearance at Court is required.

You should, however, obtain legal advice before making this decision. While an AVO is not a criminal charge, if you breach the conditions of an AVO you could be charged with breaching an AVO, which is a criminal offence. If you have concerns about the protected person making a false allegation, you should carefully consider whether to consent to a final AVO. Consenting to a final AVO may also have consequences to any current or future family law proceedings.

I want to take out a private AVO. Can I still do this?

Yes, although you are encouraged to seek remedies from Police if possible.

Even though the Courts have slowed down temporarily, we’re still here for you. Call us on (02) 9696 1361 to make an appointment to speak to one of our lawyers via phone, Zoom or FaceTime.