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Getting an Apprehended Violence Order
You may need an Apprehended Violence Order (AVO) to protect you where:
- someone has hurt you
- you are scared that someone will hurt you
- someone is intimidating, harassing, or stalking you.
To get an AVO you will need to show that you fear the defendant and that there are reasonable grounds for you to have this fear.
 Case study – Elizabeth and Gary
Elizabeth and Gary have been married for four years. They have an 18-month-old daughter. Gary has been out of work since he lost his job as a salesman four months ago. Elizabeth has been working longer hours to try and pay the bills but things have been really tense at home. Gary has always had a bad temper but lately things have become worse. He puts Elizabeth down, calling her “useless” and “lazy”. Two weeks ago, he pushed Elizabeth over causing her to break her arm. Elizabeth told her doctor about what has been happening and her doctor encouraged her to go to the police. Elizabeth feels helpless and doesn’t know what to do. |
If you think you need an Apprehended Violence Order (AVO) to protect you, you should consider the following information:
Applying for an AVO
An application for an AVO can be made by:
1. a police officer on your behalf (called a 'police application')
2. you personally through the Local Court (called a 'private application').
When an application is made, the people involved in the application are called:
- Applicant: this is the person asking the court to make an AVO. You will be the applicant if you made the application for an AVO through the Local Court. If a police officer made the application for you, the applicant will be the police officer. The applicant may also be called ‘the complainant’.
- Protected person: this is the person who needs protection from the defendant. If you make an application to protect you from someone else, you will be the protected person and the applicant. You may also be called ‘the Person in Need of Protection (PINOP)’.
- Defendant: this is the person who you want protection from and who you want the AVO to be made against. An AVO cannot be made against more than one defendant. A separate application should be made for each defendant if you want protection from more than one person.
When the application is filed at court a date will be set for when the parties will need to go to court. This first court date is called a ‘mention’.
For more information, see Applying for an Apprehended Violence Order.
 If you are under 16 years of age, the police must apply for the AVO on your behalf. You can't make the application yourself through the Local Court. For more information, see Apprehended Violence Orders to protect children.
In AVO matters, the court may award costs against the unsuccessful party. If you are applying for an Apprehended Domestic Violence Order, the court can only award costs against you if your application was ‘frivolous or vexatious’. For more information see Costs in Apprehended Violence Order cases. |
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Going to court
The first time you go to court, the magistrate will want to know if you (or the police if it is a police application) still want the AVO. If your application relates to domestic violence, there may be a Domestic Violence Liaison Officer (DVLO) who can help you while you are at court. In most Local Courts there will also be a Women’s Domestic Violence Court Advocacy Service (WDVCAS) that can help women seeking an AVO.
The magistrate will ask the defendant how they want to respond to the application. Depending on what you and the defendant want to do, your application may be dealt with on the day or it may be postponed (adjourned) to another day.
The defendant may:
| 1. | ask for more time to get legal advice, and the case may be adjourned |
| 2. | agree with the AVO being made, without admitting any of the allegations, and a Final AVO will be made |
| 3. | not agree with the AVO being made, and the case will be given a hearing date. A temporary order (Interim AVO) may be made or, if an Interim AVO has already been made, it may be extended until the hearing date. If the application is for an Apprehended personal violence order you may be referred to a Community Justice Centre (CJC) for mediation |
| 4. | give a formal promise (undertaking) to the court to stop the behaviour causing you to feel fear |
| 5. | not attend, and if there is evidence the application was served, an order may be made without the defendant being there |
| 6. | not attend, and if there is no evidence the application was served, the case may be adjourned so that there is more time to serve the application. |
For more information, see Going to court.
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After court
If the magistrate decides not to make a Final AVO after a hearing has taken place then that is the end of the case.
If a Final AVO is made, you will be protected by that AVO.
After the Final AVO is made, the defendant might apply for the AVO to be varied or revoked. You may also apply to have the AVO varied, revoked or extended.
For more information see, After court.
If an AVO is made, the defendant is not given a criminal record. However if the defendant breaches the AVO, it is a criminal offence. The maximum penalty for breaching an AVO is a fine of $5,500 and/or 2 years in prison.
Only police can apply to vary, revoke or extend an order if children are named on the order.
If a Final AVO is not made you may be able to appeal the decision to the District Court within 28 days. For more information about appeals see After court.
An AVO may place some restrictions on a defendant, such as stopping them from having firearm licences, working in the security industry, or working with children.
If you are not an Australian citizen or permanent resident, you may need to change your visa to reflect that you are no longer living with the defendant. For more information see Immigration and Apprehended Violence Orders. |
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Victims compensation
Victims of crime may be entitled to compensation for injuries that they have suffered. They may also be entitled to free counselling.
For more information see Victims compensation.
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Getting more help
There are a number of services that can help you if you think you need an AVO.
For further assistance, see Getting more help.
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