Apprehended Violence Orders (AVOs)

What is an Apprehended Violence Order (AVO)?

An Apprehended Violence Order (AVO) is a court order that aims to protect you from someone you fear may cause you harm.

You may be eligible for an AVO if you:

• have experienced, or been threatened with, physical or sexual violence

• are being harassed, intimidated, or stalked

• have had your property damaged, or received threats of damage

• have had your animals harmed or threatened

If you feel you need protection, speak to the police. They can apply for an AVO on your behalf. If the police decide not to apply, you can still make your own application through the Local Court.

AVOs do not give defendants a criminal record, however a person breaches an AVO, criminal charges may be laid by the Police.

Who is involved in an AVO application?

• Applicant: the person who applies for the AVO. If you apply directly to the court, you are the applicant. If the police apply for you, the police officer is the applicant.

• Protected person: the person who needs protection. This person may also be referred to as the "Person in Need of Protection" (PINOP) or the complainant.

• Defendant: the person the AVO is made against. If you need protection from more than one person, a separate application must be made for each defendant.

This information applies to both Apprehended Domestic Violence Orders (ADVOs) and Apprehended Personal Violence Orders (APVOs).

The Police must apply for AVO for a person who are under the age of sixteen (16).

Agreeing to an AVO

If the defendant agrees to an order being made, the judicial officer will usually make the order that day. The defendant will need to attend the court office to get a copy of the order.

Disagreeing with an AVO

If the defendant does not agree to an order being made, the case will not be finalised that day. The court will list the matter on a further occasion (adjourn) and set a timetable for the filing of statements. A factsheet on the filing and service of statements provides further information for parties, including an ‘AVO Statement template’.

The court will consider whether to make an interim order during any period of adjournment. The defendant must obey the interim order until the court decides the case.

AVO Hearings

A defendant will need to attend court on the first date after receiving an application notice which asks for an Apprehended Violence Order (AVO) to be made against him or her.

The defendant will be asked by the judicial officer if they agree or disagree to the AVO being made.

If you are the defendant, you should consider carefully whether to agree or disagree to:

• the circumstances raised in the application notice
  
• an order being made
• all or some of the orders being asked for on the application notice
• the period of time that the application notice is asking for the order to exist.

Get legal advice before your case goes to court if you are unsure whether to agree or disagree to an AVO.

Further Information

For more information on AVOs, please see the Legal Aid website.