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Prior to making an AVO the Court must be satisfied of the following:
That the person seeking protection has reasonable grounds to fear and fears:
Such conduct in the opinion of the Court is sufficient to make an AVO.
An AVO is not a criminal matter and it will not usually appear on a criminal history check.
It is however a criminal offence to breach an Interim or Final AVO. If you breach an AVO you face a maximum fine of $5,500.00 or imprisonment for two years, or both.
If you are successful in defending an AVO the court in some circumstances may Order the other party to pay your costs.
If you are named as a Defendant in an AVO you have a number of options including:
There are differences between an Apprehended Domestic Violence Order and an Apprehended Personal Violence Order – click the links to find out.
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