The court can make an order that one party pay the legal costs of the other party in an Apprehended Violence Order (AVO) case.
Legal costs include lawyer's fees and expenses such as conduct money for witnesses. Legal costs do not include lost wages.
At the end of a case, if the court decides to make a Final AVO, you can ask the court to make an order that the defendant pay your legal costs. The amount of costs that the court orders may not be the full amount but only part of the actual costs that you have to pay to your lawyer. The court will decide what it thinks is reasonable.
If the defendant asks the court to adjourn (postpone) a case, the court can award legal costs to you if you have to pay more costs because of unreasonable conduct or delays caused by the defendant. The court can make this order even if you don't ask for it.
At the end of a case, if the court decides not to make a Final AVO, the defendant can ask the court to make an order that you (if you are the applicant) or the police (if the police made the application) pay his or her legal costs. The magistrate may also order that you or the police pay court costs. If you are not the applicant, the court cannot make an order that you pay costs.
There are limits on when costs can be ordered in Apprehended Domestic Violence Order (ADVO) cases. Costs will not be awarded against an applicant who:
The court can award costs against you in your application for an Apprehended Personal Violence Order for any reason, including:
The amount of costs that can be awarded is an amount that the magistrate thinks is reasonable.
If you ask the court to adjourn a case, the court can award legal costs to the defendant if he or she has had to pay more costs because of any unreasonable conduct or delays caused by you. The court can make this order even if the defendant doesn't ask for it.
If you want to make an application for an AVO but you are concerned that the court might award costs against you, you should get legal advice.