Responding to a Police Order
If you have been served with a domestic violence order (DVO) or apprehended violence order (AVO), then it is important to be aware of your legal rights and obligations. As this is a legally binding document, properly responding to a police order is essential, otherwise you risk severe legal consequences.
Once you have been made aware that a DVO or AVO has been made against you, it is vital that you seek proper legal advice from our team here at The Law People before responding to a restraining order application to avoid further legal trouble.
If you’re searching for family law services to assist with responding to an AVO application, get in touch online or call us on 07 3071 5558 to arrange a consultation.
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What Are My Options for Responding to a Police Order?
There are two primary ways for responding to a restraining order application, and we recommend consulting with us about your situation before deciding which option to take. These options are:
Consent to the Order
If you believe the DVO/AVO is justified, or we may advise that accepting the terms is the best outcome for you, then we would recommend consenting to the order. Restraining orders are typically in place for five years, but do not result in a criminal record. They may however involve working with children checks, firearm checks, and other work-related background checks.
If you wish to agree to the order but do not agree to all the statements it contains, then this is called consent without admission. This means you are responding to an AVO application without accepting guilt for the allegations made against you.
Defend the Order
If you believe you have been wrongly served a DVO/AVO and have a strong enough case to argue this point, then you may defend the order. This moves the matter to court, where you and your legal representation will need to argue your case for having the DVO/AVO dismissed using evidence such as documents and photographs.
Once both sides have argued their case for whether a DVO/AVO should be granted, the Court will deliberate and decide based on the evidence provided. Even if you fail to have the order dismissed, you may successfully argue for some of the allegations to be removed or for some of the restrictions to be lightened. We strongly advise you seek legal advice before choosing this option when responding to an AVO application.
What Should I Avoid Doing When Responding to a Police Order?
Once you have been served a DVO/AVO by a police officer, it will detail certain actions you are forbidden from doing relating to the individual who served the order against you. Failure to comply with these conditions may result in severe penalties, such as heavy fines or even imprisonment.
These conditions likely include:
- You must not approach the aggrieved, whether they are at home or at work.
- You must stay at least 100 metres away from the aggrieved, including their family.
- You must move out of the home you share with the aggrieved.
- You must not try and locate the aggrieved at any time.
- You must not make any contact online or over the phone with the aggrieved, unless it is for court ordered mediation or counselling.
- You must not visit places where the aggrieved’s children frequently visit, such as their school.
Seeking Assistance with Responding to a Police Order?
At The Law People, we are the Brisbane family lawyer you can rely on when you need legal aid with responding to a restraining order application. Whether you wish to consent to the order or defend against it, we’ll provide you with expert legal advice to help you fully understand your situation. If you’re ready to attend a confidential consultation, contact us on 07 3071 5558 or reach out online today.