AVO Hearings | ADADA Legal

What Happens in an AVO Hearing?

An AVO hearing takes place in the Local Court where a Magistrate considers evidence to decide whether an order should be made, varied or revoked. A party served with an AVO can either consent to the order (sometimes without admitting any wrongdoing) or contest the order — requiring the court to hear evidence and submissions from both sides. 

During the hearing, the court will examine whether there are reasonable grounds to believe the protected person fears violence or intimidation, and whether the order is necessary for their safety. 

If you are the person the order is made against (“the defendant”), attending the hearing without strong preparation can jeopardise your rights and future opportunities. Adada Legal ensures that your legal response is robust, tailored and strategically sound.

How ADADA Legal Can Help

• Pre-hearing advice: We explain the process, possible outcomes and your options so you’re confident and informed.

• Evidence preparation: We assist in compiling and organising relevant evidence and statements — crucial in contested hearings.

• Court representation: Our lawyers appear with you in court to present submissions, cross-examine if needed, and advocate on your behalf.

• Negotiation: In appropriate cases, we negotiate with police or opposing parties to resolve matters without a contested hearing.

• Strategic guidance: We help you understand the possible consequences of consenting to an order or contesting it, and guide you towards the best outcome.

AVO Hearings Frequently Asked Questions

What is an AVO or ADVO?

An Apprehended Violence Order is a civil court order intended to protect people from someone whose behaviour causes fear of violence, harassment, stalking or intimidation. When the situation involves people in a domestic relationship, the order is commonly called an Apprehended Domestic Violence Order (ADVO).

What happens if I agree to an AVO?

You can consent to the order being made — in some cases “without admissions” (meaning you don’t admit the allegations). This may avoid a contested hearing, but it still places legally enforceable restrictions on your conduct.

What happens if I don’t agree to the order?

If you contest the order, the court will schedule a hearing where the Magistrate considers evidence from both sides before deciding whether to make a final order.

Can I challenge or change an existing AVO?

Yes — you can apply to vary or revoke an AVO if circumstances change. This requires evidence and a court application.

What if I breach an AVO?

Breaching an AVO can lead to criminal charges, including fines, community orders or imprisonment. That’s why legal advice before and during court proceedings is crucial.

Do AVOs affect my criminal record?

The making of an AVO itself does not create a criminal conviction, but breaching an AVO can result in criminal charges and potentially a conviction.