​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

Charges and Apprehended Violence Orders

If an application for an Apprehended Violence Order (AVO) has been made against you, you may also have been charged with a criminal offence, for example assault. This page has some information about what happens when the police charge you and apply for an AVO against you on behalf of a victim.

    ​Arrest, charges​ and bail

    If you are charged with a criminal offence, such as assault, assault occasioning actual bodily harm, or sexual assault, the police will usually also apply for an Apprehended Violence Order (AVO) against you on behalf of the victim.

    If the victim is someone who you have or have had a domestic relationship with, for example a partner or family member, the police will apply for an Apprehended Domestic Violence Order (ADVO). If the victim is not someone who you have or have had a domestic relationship with, for example a neighbour, work colleague, customer or client, the police may apply for an Apprehended Personal Violence Order (APVO).

    The police may also apply for a Provisional AVO. A Provisional AVO is a temporary AVO that restricts your behaviour as soon as the AVO is served on (given to) you and stays in place until the case goes to court. For more information, see Provisional, Interim and Final Apprehended Violence Orders.

    If you have been arrested and charged with a criminal offence and served with an AVO, you may be released on bail. Your bail conditions may be the same as the conditions in a Provisional or Interim AVO, but there may also be some other conditions, such as reporting to a police station on a regular basis.

    Alert IconIf you have been arrested and charged with a criminal offence or you are unsure of your bail conditions, you should get legal advice.

    Court Attendance Notice

    When you have been charged with a criminal offence and served with an AVO, the charge and the application for an AVO will usually be heard together.

    On the first date you have to go to court, you will usually have to tell the court if you:

    1. are pleading guilty or not guilty to the criminal charges
    2. agree (consent) or do not agree (do not consent) to the AVO.

    Hint iconWhen you first appear in court, if you have not had a chance to see a lawyer you should ask the magistrate to adjourn (postpone) the case so that you have time to get legal advice.

    Pleading guilty

    If you plead guilty to the criminal offence, the magistrate may 'sentence' you, which means they will decide what penalty to give you. You may have to come back to court on another day for the sentencing hearing.

    Every offence carries different penalties and there are a number of things that will be considered by the magistrate when you are sentenced. For more information on penalties and preparing for sentencing, you should get legal advice.

    Alert IconWhen you plead guilty to a criminal offence, a Final AVO will usually be made automatically.]

    For more information, see Driving offences and crime​.

    Pleading not guilty

    If you plead not guilty to the criminal offence, the police should give you the main parts of the 'brief of evidence' on the day you are charged, and no later than the mention. A brief of evidence is a folder or collection of the documents that the police will rely on to prove the case against you. The main part of the brief (sometimes also called the 'mini brief') usually includes the victim's statement and any photos of injuries or damage to property.

    The court will then list the case for a hearing. This may be several months away, depending on how busy the court is. The court will also make orders that the police prosecutor serve you with the rest of the brief of evidence by a particular date. The rest of the brief usually includes police statements and the statements of any witnesses.

    Alert IconWhen you plead not guilty to a criminal charge, you have to decide whether you consent to an Interim AVO (temporary AVO) being made. If you do not consent, the court may want to hear evidence from the parties and then decide whether or not an Interim AVO is necessary.

    At the hearing, the prosecutor will have to prove beyond a reasonable doubt that you committed the offence. If you are successful at defending the case, the court may dismiss the charges and the AVO or they may still make the AVO, depending on the circumstances. If you are unsuccessful and the criminal charges are proved at the hearing, the court is likely to make a Final AVO.

    For more information, see Driving offences and crime.

    Alert IconIf you have been charged with a criminal offence and served with an AVO you may be eligible for Legal Aid. Go to the Legal Aid website or see the duty solicitor at court. If you are not eligible for Legal Aid you may need to get a private solicitor or represent yourself. ​

     

    ​​​Further in​​f​​​​ormation