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Mention (defendant)

Information about what happens at the mention for an Apprehended Violence Order (AVO) application if you are the defendant.

After the AVO application has been filed with the Court, 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.

You can:

  • get a lawyer to represent you, or
  • represent yourself.

Legal Aid is not usually available for defendants in AVO cases unless you have been charged with criminal offences and meet Legal Aid NSW eligibility requirements. Legal Aid NSW may provide representation for defendants in ADVO cases, even if there are no related criminal charges, if there are exceptional circumstances. Legal Aid is available for defendants under the age of 18 years.

There are organisations that can help arrange information, support or, in some cases, representation. For more information, see Getting more help.

You can arrange for a private lawyer to represent you. For help finding a private lawyer, see Solicitor referral service on the Law Society of NSW website. 

If you are going to represent yourself, you should get legal advice.

If you don't go to the mention, the Court may make an order against you, or may issue a warrant ordering that you be arrested and brought before the Court. 

If you are the defendant and you are under 18 years of age your case will be dealt with differently. For more information, see AVOs against children. 

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 AVOs to protect children.

You should take the following to the mention:

  • a copy of the application for an 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. 

If you need an interpreter at court, you should notify the Court at least two weeks before your court date. The Local Court provides free interpreters in AVO cases. For more information, see Translators and interpreters on the Local Court of NSW website.

You should arrive at court at least 30 minutes early. This will give you time to go through security and find your courtroom. 

If you think you are going to be late, you should ring the court registry and let them know. If you are not at court when your name is called, the Court may decide your case without you.

You can find your courtroom on:

For information about how to find your courtroom, you should watch the video below.

LawAccess NSW - Finding your courtroom

This video is available with the audio description​.

Once you have found your courtroom, you can take a seat in the public gallery, or, if the courtroom is full, you can wait outside. There are often many cases listed on the same day and you will have to wait until your name is called. You could be at court for just a few hours or most of the day, so you should make arrangements with your work or childcare if necessary.

If you wait outside, make sure you stay close enough to the courtroom to hear the court officer call your name. If you leave, or are not there when your name is called, your case can be decided without you.

The courtroom may be closed for morning tea (usually around 11:30am) and for lunch (usually from 1:00pm to 2:00pm). You will have to leave the courtroom during these breaks. You can check with the court officer or the registry what time the courtroom will reopen.

Before entering the courtroom: 

  • remove your hat and sunglasses from your head 
  • stop eating or drinking 
  • turn your mobile phone off or put it on silent. 

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 Responding to an AVO application (defendant).

What the applicant might ask for

The applicant may ask the Court:

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

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.

Where a Provisional AVO has been made, it will automatically become an Interim AVO at the first mention unless:

  • the AVO is revoked
  • the matter is withdrawn or dismissed
  • the Court makes an Interim or Final AVO.

When a Provisional AVO is automatically converted to an Interim AVO, the Interim AVO will contain the same orders as the Provisional AVO. The Court could also make an Interim AVO with different orders to the Provisional AVO.

If there was no Provisional AVO made, the Court can make an Interim AVO at a mention if they think it is necessary, until your case is finalised.

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 Types of AVOs.

Sample: Sample Interim Apprehended Domestic Violence Order Defendant

Sample: Sample Interim Apprehended Personal Violence Order Defendant

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. 

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 Property Recovery Orders (defendant)​.

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 AVO cases (defendant).

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. 

If the applicant doesn’t come to court, you should ask for the application to be dismissed. If it is dismissed, your case will be finished and no AVO will be made.

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 AVO cases (defendant).

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.

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

LawAccess NSW - Is someone asking for an AVO against you? Consenting without admissions

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

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 (defendant).

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.