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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 not to make a Final AVO, you can ask the court to make an order that the applicant pay your legal costs. The amount of costs that the court may order be paid to you might only be part of the actual costs that you have to pay to your lawyer.
There are limits on when costs can be ordered in Apprehended Violence
Order (ADVO) cases. Costs will not be awarded against an applicant who:
The court can award costs against the applicant in their application for an Apprehended Personal Violence Order (APVO) for any reason, including:
The amount of costs that can be awarded is an amount that the magistrate thinks is reasonable.
If the applicant asks the court to delay (adjourn) a case, the court can award legal costs to you if you have incurred more costs as a result of the unreasonable conduct or delay of the applicant. The court can make this order even if you do not ask for it.
At the end of a case, if the court decides to make a Final AVO, the applicant can ask the court to make an order that you pay his/her costs. The court can award the applicant legal costs. This may not be the full amount but an amount that the court thinks is reasonable. The magistrate may also order that you pay court costs.
If you ask the court to adjourn (postpone) a case, the court can award legal costs to the applicant if he/she has incurred more costs as a result of any unreasonable conduct or delay caused by you. The court can make this order even if the applicant doesn't ask for it.
If you are a defendant in an AVO case and are concerned that the court might award costs against you, you should get