Mention

Once the application for an Apprehended Violence Order (AVO) has been made, your case will be listed for mention. 

The mention is the first date an application for an AVO is heard in court. 

The Court will want to know:

• if the applicant still wants the AVO
  
• how you want to respond to the application. 
  

Depending on what you and the applicant want to do, your case may be finalised on the day or it may be adjourned (postponed) to another day. 

Who can represent you

Who will represent the protected person

If the police applied for the AVO on behalf of the protected person, the protected person will be​ represented by a police prosecutor. 

If the application was made by the protected person at a Local Court they will either be represented by a lawyer or they will represent themselves.

If the protected person is under 16 years of age the police will represent them at court. For more information, see Apprehended Violence Orders to protect children.

What to take to the mention

You should take the following to the mention:

• a copy of the application for an Apprehended Violence Order (AVO) or Provisional AVO 
• any written statement you have prepared
• any witness statements you have collected, as you may need them if you want to argue against the Court making an Interim AVO
• any witnesses who can give evidence if you want to argue against the Court making an Interim AVO. 

What might happen at the mention

Waiting your turn

Get to the Court half an hour earlier, to find out what courtroom your case will be heard in. If you think you are going to be late, you should ring the court registry and let them know.

There will be many cases listed on the same day and you have to wait until your name is called. You should:

• ​sit in the courtroom or if the courtroom is full you can wait outside - stay close enough to the courtoom to hear the court officer call your name or tell the Court officer where you are going
• stay in the court house - if you leave, or are not there when you are called, your case can be decided without you.
  

It is possible that you could be at the Court for a few hours, so you should make arrangements with your work or childcare if necessary.

Remember to turn off your mobile phone before going into the courtoom.

When your case is called

The Court will want to know:

• if the applicant still wants the AVO
  
• if you and the applicant attempted mediation recently (if it is an APVO application)
• how you want to respond. 

For more information about your options, see How to respond to an application for an Apprehended Violence Order.

What the applicant might ask for

The applicant may ask the Court:

• for an Interim Apprehended Violence Order (AVO)
• for additional or alternative orders
• for a Property Recovery Order
• to withdraw their application. 

An Interim Apprehended Violence Order

An Interim AVO is a temporary order that stays in place until:

• the Court makes a Final AVO,
• the police withdraw the AVO application, or
• the Court dismisses the case.

A court can make an Interim AVO at a mention if they think it is necessary.

A court must make an Interim AVO if you have been charged with a serious offence, regardless of whether an application for an Interim AVO has been made.

For more information, see Provisional and Interim Apprehended Violence Orders.

Additional or alternative orders

The applicant may ask the Court to make additional or alternative orders that are different to the orders in their application, and that increase or vary the restrictions that the AVO would place on you. 

If the applicant asks for additional or alternative orders when you aren’t at court, they must file an amended application for an AVO and serve you with a copy. 

Property Recovery Order

If the protected person has left their property at your home, they can ask the Court to make a Property Recovery Order.

If the protected person is given a Property Recovery Order, you must let them enter the premises to remove their property. It is an offence to contravene, or obstruct a person trying to comply with a Property Recovery Order.

For more information, see Recovering personal property​.

Withdraw the application

If the protected person doesn't want an AVO anymore they can ask the Court for leave (permission) to withdraw their application.

If the application was made by the police on behalf of the protected person they may refuse to withdraw the application. The Court can also refuse to give leave to withdraw an application.

If the police made the application and children are involved it may not be possible for the protected person to withdraw the application.

If the protected person made the application themselves and now wants to withdraw it, the Court may want them to explain why.

If you are served with an application for an Apprehended Personal Violence Order (APVO) and the protected person later withdraws the application, it is possible to ask the Court for an order that the protected person pay your costs if you are represented by a lawyer.

For more information, see Costs in Apprehended Violence Order cases.

​What you need to do

What you need to do will depend on whether:

• the applicant comes to court
• the applicant still wants an AVO. 

Applicant doesn’t come to court

If the applicant doesn’t come to court, you should ask for the application to be dismissed. If it is dismissed the case will be over. 

Applicant no longer wants an Apprehended Violence Order

If the applicant comes to court and tells the Court they want to withdraw their application, the Court will give them permission and your case will be over. 

You may want to ask the Court to make a costs order against the applicant. 

For more information, see Costs in Apprehended Violence Order cases. 

Applicant still wants an Apprehended Violence Order

If the applicant goes to the mention and tells the Court they still want an AVO, the Court will explain to you your options for responding to the application. The Court will then ask you how you want to respond.

You can:

• ask for an adjournment
• ask for the case to be moved to another court
• go to mediation 
• give an undertaking (formal promise) to the Court 
• consent (agree) to the AVO without admissions 
• consent (agree) to the AVO with admissions
• make a cross application
• oppose the application
• ask to get your property back
• do nothing.
  

Video

You can watch a video below about what to say in court when you are consenting to an AVO without admissions.

You can also read a transcript of this video (33 kb).

​​​This video is available with the audio description​.

Further mention

If the Court has made directions (orders) for you to file statements in preparation for a hearing, you will need to go to another mention to check whether these directions have been complied with. 

If you and the applicant have filed your statements the matter will go to the hearing. 

If you don’t file statements and don’t go to court for the next mention, an AVO may be made in your absence. 

If the applicant doesn’t file statements and doesn’t go to court for the next mention, their application may be dismissed. 

For more information, including instructions on how to prepare your statement and to see a sample statement, see Written statements and evidence.

If the Court has made an order about filing and serving witness statements, and you are not sure what to do, you should get legal advice.

Some courts may make orders that the parties serve and file other written documents, such as, statements of agreed facts and issues. If you are asked to prepare other documents, you should get legal advice.​