How to Take Out an Apprehended Violence Order
Talk to the local police., Give a statement., Affirm the information contained in the statement., Go to court.
Step-by-Step Guide
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Step 1: Talk to the local police.
If someone is hurting you, harassing you, or you are worried someone will hurt you, you may need to take out an Apprehended Violence Order (AVO) in order to protect yourself.
While the local police force can apply for an AVO on your behalf, they need to be informed of the situation before they can act.
You can go to the police station and tell them about the situation directly, or they can collect information when they are summoned to an incident.Even though AVOs are granted for the purposes of personal protection, you must still show that you have reasonable grounds to fear the defendant in order for one to be granted. “Reasonable grounds” is a loosely interpreted term, so any incidents of violence, stalking, or harassment would qualify. -
Step 2: Give a statement.
Your statement needs to be thorough enough to ensure you receive the level of protection you seek.
In order for you to make sure you provide all the relevant details, include as many of the following as possible:
The name, address, and age of the defendant (the person you need protection from).
The reasons why you are scared.
Tell the officers about the incidents which caused you fear, and if possible, provide corroborating evidence, such as doctors’ reports or witness statements.
Explain the relationship between you and the defendant to the officers.
An AVO can shield you from anyone who may be threatening you, including spouses, domestic partners, neighbors, co-workers, or anyone else.
Any aggravating factors in the defendant’s history, such as poor mental health, access to weapons, or drug abuse.
The identities of anyone else who should be protected by the AVO, such as family members. , After the statement is written out, review it carefully.
The police will investigate the information you give in order to determine whether your AVO should be granted, so you need to make sure it’s as accurate as possible.Remember that making or implying false statements in a sworn document is a crime. , If the police find sufficient reason to grant the AVO, they will serve it on the defendant along with a court date for a more formal hearing which determines if the court will approve the AVO, and if so, for what length of time they will approve it.You don’t need to worry about securing a lawyer for court.
When the police apply for an AVO on your behalf, the police prosecutor represents you. -
Step 3: Affirm the information contained in the statement.
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Step 4: Go to court.
Detailed Guide
If someone is hurting you, harassing you, or you are worried someone will hurt you, you may need to take out an Apprehended Violence Order (AVO) in order to protect yourself.
While the local police force can apply for an AVO on your behalf, they need to be informed of the situation before they can act.
You can go to the police station and tell them about the situation directly, or they can collect information when they are summoned to an incident.Even though AVOs are granted for the purposes of personal protection, you must still show that you have reasonable grounds to fear the defendant in order for one to be granted. “Reasonable grounds” is a loosely interpreted term, so any incidents of violence, stalking, or harassment would qualify.
Your statement needs to be thorough enough to ensure you receive the level of protection you seek.
In order for you to make sure you provide all the relevant details, include as many of the following as possible:
The name, address, and age of the defendant (the person you need protection from).
The reasons why you are scared.
Tell the officers about the incidents which caused you fear, and if possible, provide corroborating evidence, such as doctors’ reports or witness statements.
Explain the relationship between you and the defendant to the officers.
An AVO can shield you from anyone who may be threatening you, including spouses, domestic partners, neighbors, co-workers, or anyone else.
Any aggravating factors in the defendant’s history, such as poor mental health, access to weapons, or drug abuse.
The identities of anyone else who should be protected by the AVO, such as family members. , After the statement is written out, review it carefully.
The police will investigate the information you give in order to determine whether your AVO should be granted, so you need to make sure it’s as accurate as possible.Remember that making or implying false statements in a sworn document is a crime. , If the police find sufficient reason to grant the AVO, they will serve it on the defendant along with a court date for a more formal hearing which determines if the court will approve the AVO, and if so, for what length of time they will approve it.You don’t need to worry about securing a lawyer for court.
When the police apply for an AVO on your behalf, the police prosecutor represents you.
About the Author
Emily Walker
Creates helpful guides on cooking to inspire and educate readers.
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