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Where am I now? Lawlink > Home > Apprehended Violence Orders
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Apprehended Violence Orders
An Apprehended Violence Order (AVO) is a court order that aims to protect a person from:
ADVOs and APVOs are different types of AVOs.
Domestic and personal violence can include:
- psychological or emotional abuse
- physical abuse
- sexual abuse
- financial restrictions or control
- obsessive or jealous behaviour
- stalking
- intimidation
- harassment.
An AVO can also protect property that has been damaged or threatened with damage.
An AVO is sometimes called an Intervention Order, Restraining Order, Protection Order, Domestic Violence Order or Family Violence Order.
Before applying for or defending an AVO, you need to know what type of AVO applies in your circumstances. LawAssist has guides for people who don’t have a lawyer and who want to apply for or defend an AVO. If you are unsure what type of AVO you need or have been given, you should get legal advice.
Apprehended Domestic Violence Orders (ADVO)
A person can ask the court to make an ADVO when they are in, or were in, a domestic relationship with the person they want to be protected from. A ‘domestic relationship’ means that they:
- were or are married, in a de facto relationship, or in an intimate personal relationship
- are living together or have lived together
- have or had a relationship where one person cares for the other person (who may be paid or unpaid)
- are relatives
- in the case of an Aboriginal person or a Torres Strait Islander, have been part of each others extended family or kin (according to the Indigenous kinship system of the person’s culture).
Apprehended Personal Violence Orders (APVO)
A person can ask the court to make an APVO when they are not in, or have not been in, a domestic relationship with the person they want to be protected from. For example, a person may need protection from:
- a neighbour
- a co-worker
- a customer or a client
- a former friend
- a school bully
- any other person they have reason to fear.
Getting an AVO
If you are experiencing violence you can apply for an AVO. You can also apply for an AVO if:
- you are in fear of being assaulted
- you are being intimidated, harassed or molested (either in person or by telephone calls, text messages, emails, or in other ways, including through facebook or other similar websites), and fear for your safety
- you are being stalked by someone where you live, where you work, or at places that you go.
If you want an AVO, see Getting an Apprehended Violence Order.
Defending an AVO
If you are being accused of assaulting, intimidating or stalking another person, the police or the person saying you are doing this can apply for an ADVO or APVO against you.
If you have been served with an application for an ADVO or APVO, see Defending an Apprehended Violence Order.
AVOs and Family Law
Orders made in the Family Court of Australia can affect the way an AVO works. Parenting Orders can mean that conditions in an AVO that restrict contact between a protected person or Person in Need of Protection (PINOP) and a defendant may not apply.
There are also other laws that can force a person to move out of their family home if there is violence or a threat of violence.
For more information, see Apprehended Violence Orders and Family Law.
AVO flowcharts
LawAssist provides flowcharts that show you an overview of the different steps you might have to go through when applying for an AVO, or when someone wants an AVO against you.
For more information, see Apprehended Violence Order flowcharts.
Interactive guides
LawAssist has interactive guides that take you through the process of applying for or defending an AVO step by step.
For more information, see Interactive guides for Apprehended Violence Orders.
Who’s who in court
When you have to go to court, it can help if you know beforehand what to expect. LawAssist can show you what a typical court room looks like, who the different people are in the court, and where you should sit.
For more information, see Who’s who in court.
Forms
There are a number of different forms in AVO cases, including application forms to get an AVO as well as forms to vary or revoke AVOs. There are also different types of AVOs that can be made. LawAssist shows you a number of sample forms and AVOs and explains what the different sections in those forms and AVOs mean.
For more information, see Forms - Apprehended Violence Orders.
Getting more help
For further assistance, see Getting more help.
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