Domestic Violence and Mental Health Advocacy
Warning: The following is general advice only.
It should not be substituted for legal advice. The following information
is drawn from resources including Legal Aid Commission, NSW Law
Society and Lawlink NSW.
Domestic Violence Information
What is an Apprehended Violence Order
(AVO)?
An AVO is an order that a court makes to protect people. They
protect people by ordering a person not to do specific things.
AVOs last as long as protection is required. An application for
an AVO is made because there are fears that a person may be physically
hurt, harassed, intimidated, molested or stalked. The application
is heard before a Magistrate in Court.
What to do if an application for an AVO
has been made to protect you?
The defendant will be given a copy of the application and a summons
to attend court. The application briefly explains why the complaint
has been made and lists the orders the court will be asked to
make to protect you.
What to do if you are served with an
application for an AVO and a summons?
Read the application carefully. You may represent yourself at
court, but it is recommended that you seek legal advice.
Do I need to go to Court?
You will need to attend court at the date, time and place the
application form tells you.
Do AVOs give you a criminal record?
AVOs do not give defendants a criminal record. But if you disobey
any of the orders in the AVO, you may be arrested and charged.
The maximum penalty for disobeying an AVO is 2 years imprisonment
and/or a fine of $5,000.
Mental Health Advice
The Mental Health Advocacy Service, a service
run by Legal Aid NSW, provides free legal advice and assistance
about mental health law.
How can the Mental Health Advocacy Service
assist you?
If you have been taken to hospital against your wishes, you will
either be discharged after examination or brought before a magistrate.
A solicitor can present your case to the magistrate.
In many cases, free representation for these
matters is provided by the Mental Health Advocacy Service. If
you wish to be represented by a private solicitor you can arrange
this also.
What form does legal representation take?
Legal representation means advocating for the patient’s
wishes. This may mean opposing the opinions of treating doctors
or relatives. It is important that the patient’s view is
presented to the person making the decision as well as the view
of the medical professionals. The law provides that orders may
be made compelling people to have treatment against their wishes.
Legal representation is intended to ensure that these orders are
not made unless the need for them is properly established.
How do you get in touch with MHAS?
Solicitor from MHAS, or private solicitors arranged by MHAS, attend
each hospital in NSW that has involuntary or “temporary”
patients. If you are seeing the magistrate, a solicitor will come
to see you first. You do not have to make a request to see the
solicitor, unless you wish to arrange private representation.
If you need an interpreter
You should contact MHAS at least one week before your interview
or hearing so an interpreter can be arranged.
MHAS Contact Number
(02) 9745 4277
Contact us for more information
or assistance
