What am I obliged to say to the Police?

  • You are under an obligation to provide details of your name, date of birth, address.
  • If you are the driver or owner of a vehicle, in most circumstances you need to advise the police, when asked, who was driving your vehicle at a specific time and the names of any passengers in the vehicle.
  • You are not obliged or compelled by law to answer any further questions by a member of the Police.
  • The Police do not have a general power to arrest people for questioning and should only arrest people if they are intending to charge them with a particular offence.

Should I apply for an AVO?

  • An AVO is an order which prohibits a certain type of behaviour from a person who may or may not be a family member.
  • You may need an AVO to protect you where someone has hurt you, you fear someone will hurt you or someone is intimidating, harassing or stalking you.
  • In order for the Court to grant an AVO, you will need to show that you fear the defendant and there are reasonable grounds for you to have this fear.  Simply disliking someone will not be enough to obtain an AVO.
  • If you think you need an AVO, you will need to consider going to court, what happens after court, victim’s compensation and how an AVO may affect your immigration status.