Apprehended Violence Orders

An Apprehended Violence Order (“AVO”) is a civil order that places restrictions on a person who has caused another person to fear their safety.  

The person who is protected by the AVO is known as the person in need of protection, or ‘PINOP’. There can be more than one PINOP on an AVO.  

The person whose behaviour is restricted by the AVO is known as the defendant.  

Types of AVOs

There are two types of AVOs:  

1. Apprehended Domestic Violence Order (ADVO) 

• This order is made where the violence involves parties who are related, are in an intimate relationship, or are living together  

• Can be made against a current or former partner  

• If you are an Aboriginal or Torres Strait Islander person, ADVOs can be made where the people involved are part of the kin or extended family  

• Also suitable for people being cared for in a dependent care relationship against paid or unpaid carers and people living in the same residential facility  

2. Apprehended Personal Violence Order (APVO) 

• This order is made where you are not in a domestic relationship with the defendant, for example, a neighbour or colleague  

Applying for an AVO

Most AVOs are applied for by the police. Sometimes individuals apply for the AVO themselves by completing an application at the Local Court. This is known as a private AVO application and is not covered in this fact sheet.   

If you are under 16 years of age, only the police can apply for an AVO on your behalf. 

Police application

The police may apply for an AVO on your behalf if you have reported an incident of violence at a police station or if the police attend your house after an incident of domestic violence. 

Do I have to wait for Court or can I get immediate protection?

Senior police officers can issue a provisional AVO upon your attendance at a police station without needing to wait for a court date. A provisional AVO gives you immediate protection from the perpetrator as soon as it is served on the perpetrator by police. 

What is the process for attending Court?

At the first court appearance (called a ‘mention’), the defendant can agree to the AVO being made without admitting that they have done anything wrong. If this occurs, the final AVO will be made that day. At the first mention, a defendant must attend but a PINOP does not usually need to attend unless the police or court have asked them to.   

If the defendant does not agree to the AVO, the case will be adjourned. The matter will be listed for a hearing date in a few months’ time when the Judge will weigh up the evidence and decide whether the AVO should be made final or not.  

If the police applied for a provisional order, the court will convert the order at the first mention to an interim order, which will remain in place until the hearing date.   

Please refer to the diagram in Figure 1: Court process relating to AVOs. 

Figure 1: Court process relating to AVOs. 

What types of conditions can be put in an AVO?

All AVOs protect the PINOP from illegal behaviour.   

The following condition will always be included in an AVO:  

• You must not do any of the following to the protected person or anyone the protected person has a domestic relationship with: 

• assault or threaten them  

• stalk, harass or intimidate them, and  

• intentionally or recklessly destroy or damage any property that belongs to or is in the possession of them.  

Additional conditions may be imposed in an AVO. For example, those that would prevent the defendant from approaching or contacting you, or being in your company within a certain time frame within which they have consumed alcohol or drugs.   

Can my partner and I still live in the same house if I have an AVO against them?

You and your partner can still live in the same house if there is no condition in the AVO that prevents your partner from living with you. 

Common conditions that would prevent a defendant from living with a protected person are:   

• Condition 2, being a no contact condition  

• Condition 7, being a no “live-with” condition  

Condition 9, being where the defendant cannot come within a certain radius of the protected person’s house 

What happens if the defendant does not follow the AVO?

Breaching an AVO constitutes a criminal offence. A person who is guilty of breaching an AVO may be sent to jail or ordered to pay large fines.   

How do police find out about a breach?

Breaches of AVOs are commonly reported to police by PINOPs themselves, or their family members, including children or other adults living in the home.  

Police can also conduct AVO enforcement checks on the defendant at any time of the day. 

There is no limitation period on when a breach needs to be reported.  

What if I do not want the AVO or I want the conditions removed?

Where the police have applied for the AVO, you should discuss your concerns with police first as they may be willing to vary or revoke the AVO on your behalf.  

If the police go against your wishes and do not want to make any changes to the AVO, the police can pursue their application without your permission.  

If you still want to vary or revoke the AVO without the police’s cooperation, you can make your own application to the court to vary or revoke an AVO. Both defendants and PINOPs should get legal advice before making an application to the court to vary or revoke an AVO. 

It is important to note that the law does not allow the protected person to apply to vary or revoke a provisional AVO, only an interim or final AVO.  

A defendant can apply to the court to vary or revoke a provisional, interim or final AVO.  

What if I want the AVO extended?

Discuss your concerns with the police first.   

The police may be willing to apply to extend the AVO or put in additional conditions so that more protection can be given.   

What is a property recovery order?

The court may issue a property recovery order to a defendant or PINOP. This order allows the person named to attend the specified address to retrieve their personal belongings. The person who is given a property recovery order can only do so while accompanied by the police.   

If the home you live in is the subject of a property recovery order, you should obey the order and allow the person to retrieve their belongings in the presence of the police. If there is a dispute over who owns certain property being retrieved, notify the accompanying police officers. 

A property recovery order can only be applied for before an AVO is made a final order. 

 

AVO Tips: If you are the defendant

• It is important that you attend court on the day and at the time specified on the application you were served. If you do not come to court without good reason, the court can make a final order in your absence.  
• It is important that you file any documentation you are required to within the specified time frame. If you do not comply with the Court’s direction, you may not be able to give evidence at the final hearing.  
• Your children may be included as PINOPs in an ADVO which may affect your contact with them. You should seek legal advice if you wish to maintain contact with your children.