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Provisional Order (Ex parte)
Information for defendants and protected persons A Provisional Order which affects you has been made. The Provisional Order is also an application to the court for an Apprehended Violence Order (AVO) and a notice to the defendant to attend court. The Provisional Order has been made to ensure the safety of the protected person(s).
What is an AVO?
AVOs are orders that a court makes to protect people. AVOs protect people by ordering defendants not to do specific things. AVOs can be made to last as long as the person(s) need to be protected.
What is a Provisional Order?
A Provisional Order is a temporary AVO which provides temporary protection to people. The Provisional Order lists a number of things the defendant must not do.
When does a Provisional Order start?
The Provisional Order starts immediately the defendant receives a copy from the police.
The Provisional Order will last for 28 days from when it was made, unless a court makes an interim order, or revokes the Provisional Order or dismisses the application.
Do I need to go to court?
Yes. The application will be heard before a Magistrate. The application briefly explains the reasons why the application has been made and lists the orders the court will be asked to make against the defendant.
When do I go to court?
The notice tells you the date, time and place to go to court. If you are the protected person it is important that you arrive at the court 30 minutes prior to the hearing time to discuss your with the Police Domestic Violence Liaison Officer (DVLO) or the Police Prosecutor.
Who will represent me at court?
If you are the defendant, you may represent yourself at court. However, it is recommended that you seek legal advice before the court date.
If you are the protected person, the police will arrange for the Police Prosecutor to represent you at Court. The Police Domestic Liaison Officer (DVLO) will be at court to assist you and the police prosecutor.
Will I feel safe when I go to court?
Many courts provide safe waiting areas and have a Women's Domestic Violence Court Assistance Scheme (WDVCAS) to provide support for protected persons at court. You may also bring a friend with you. Staff of the WDVCAS will also be available 30 minutes prior to the hearing time to assist protected persons through the court process. Contact the local court office to see if there is a WDVCAS available to help you.
Do you need an interpreter?
If you need an interpreter at court please tell the court staff or the police so they can arrange one for you.
What happens at court?
If the defendant agrees with orders being made, a Final AVO may be made on the same day. The defendant may agree with orders without admitting to the reasons for the application.
If the defendant does not agree with orders being made, a later court date will be set to decide the matter. In the meantime, an interim AVO may be made.
If the defendant does not attend court, the Magistrate may make an AVO in the defendant's absence, or a warrant may be issued for the defendant's arrest.
What happens if the defendant disobeys the Provisional Order?
It is a crime to disobey a Provisional Order. If the defendant disobeys any of the orders in the Provisional Order, they may be arrested and charged. The maximum penalty for disobeying a Provisional Order is 2 years imprisonment and/or a fine of $5,500.
If you are the protected person and the defendant disobeys any of the orders in the Provisional Order, call the police immediately.
Other information
Any firearms licence held by the defendant is suspended while the Provisional Order is in force. If you are the defendant and you have a firearms licence, or any firearms, you must immediately surrender them to the police.
Where can I get more information?
- LawAccess NSW on 1300 888 529 ( a local call from anywhere in NSW). LawAccess NSW is a free government telephone legal assistance service. It can also refer you to a lawyer.
Contacts about Domestic Violence
- The Women's Domestic Violence Court Assistance Scheme (WDVCAS) offers general support and information to women and can refer you to other services in the community. Contact your Local Court to see if there is a Scheme available to help you and if you require court support on your next court date;
- NSW Police Service Customer Assistance Unit on 1800 622 571;
- Domestic Violence Liaison Officer or Victim Support Officer at your local police station;
Updated May 2007
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