Cross applications
A cross application is where the defendant applies for an Apprehended Violence Order (AVO) against the protected person. If a defendant makes a cross application, the Local Court is required to consider it.
If you make a cross application for an AVO it is treated in the same way as a normal application for an AVO. You will have to prove that:
- you fear the other party and
- that it is reasonable to have that fear.
For more information about applying for an AVO, see
Getting an Apprehended Violence Order.
In the cross application, the parties may be referred to as:
- cross applicant - you, the defendant in the original AVO
- cross defendant - the other party, the applicant or protected person in the original AVO.
If you are a defendant in an AVO matter and you want to make a cross application, you should get
legal advice.
It is an offence to make a false or misleading statement to a magistrate or registrar for the purposes of an APVO application. The police can also charge you for making a false or misleading statement in any AVO case. If you want to change your statement you should get
legal advice first.