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LawAccess NSW > Representing Yourself > AVOs > Defending an AVO > Responding to an application for an AVO

Provisional, Interim and Final Apprehended Violence Orders

There are three different types of Apprehended Violence Orders (AVOs), that can be made at different points in time.​

    Alert IconA breach of any kind of AVO is a criminal offence.

    Provisional AVO

    A Provisional AVO is an order made by the police or court in response to an urgent application. The police will apply for a Provisional AVO when they believe that someone needs immediate protection. These orders are sometimes referred to as 'telephone interim orders (TIOs)' as they can be made by phone, fax or online.

    A Provisional AVO lasts for 28 days. It will expire at midnight on the 28 th day, or sooner if the application is revoked, withdrawn or dismissed. If the provisional AVO is made by police, it must be listed before a Local Court on the next domestic violence "list' day and no more than 28 days from the date it was made.

    The police may detain you for the purposes of applying for and serving you with a Provisional AVO.

    In the case of a Provisional Apprehended Personal Violence Order (APVO) the police can:

    • order you to wait at the scene
    • order you to remain at the place where they have located you,

    if you don't comply with either of the above, detain you at the scene, at another location, or at a police station.

    In the case of a Provisional Apprehended Domestic Violence Order (ADVO), the police can order you to:

    • wait at the scene
    • wait at a place where they have located you (including a vehicle)
    • wait at a place (including a vehicle) agreed with the police
    • wait at, a specific police station
    • go with a police officer to (and wait at) a police station
    • go with a police officer to a place to receive medical treatment and wait at that place. 

    If you fail or refuse to comply with either of the above, the police can detain you at the scene, at another location (including a vehicle), or at a police station​.​

    Alert iconThe police can only detain you for a reasonable time to complete the application and serve it on you, or for two hours, whichever is shorter. This doesn't include the time taken to travel to the police station or other place they direct you to.

    Alert iconIt is a criminal offence to not comply with police direction and if you fail to remain at a location or present to a police station as ordered, you may be arrested.

    Handy hint iconIf you have been served with a police issued Provisional AVO, you can make an application to the local court to vary (change) or revoke (cancel) the AVO before the matter is due in the local court. See Extensions, revocations and variations for more information. ​

    If a Provisional AVO is made against you, you will be told the date that you must attend court.

    If the court makes an Interim or Final AVO, then the Provisional AVO will expire:

    • on the day that the Interim or Final AVO is made, if you are at court on the day, or
    • on the day that the Interim or Final AVO is served on (given to) you, if you are not in court on the day that it is made.

    Sample: For a sample Provisional ADVO, see Sample Provisional Apprehended Domestic Violence Order Adobe Acrobat PDF icon(122kb) or text only version.

    Interim AVO

    An Interim AVO is an order made by the court either:

    • extending a Provisional AVO or
    • where the court agrees that it is necessary or appropriate for someone to have temporary protection.

    For example, when you are served with an application for an AVO:

    • you might go to court and ask for more time to get legal advice. The case may then be postponed (adjourned) and an Interim AVO may be made until the next time the case is in court
    • you might not agree with the application. The magistrate may then list the case for a hearing and an Interim AVO may be made until the date of the hearing.

    The magistrate may make the Interim AVO straight away or may want to be provided with evidence showing why an Interim AVO is necessary. The magistrate may accept a number of different types of evidence including: an affidavit; written statement from a police officer; or oral evidence from the protected person.

    For more information, see Written statements and evidence​.

    If an Interim AVO is made against you, you will be told the date that you must attend court so that the application for a Final AVO can be considered by the court.

    An Interim AVO stays in place until the court makes a Final AVO, the police withdraw the Interim AVO, or the court dismisses the case.

    Sample: For a sample Interim ADVO, see Sample Interim Apprehended Domestic Violence OrderAdobe Acrobat PDF icon(29.019 kb) or text only version.

    Sample: For a sample Interim APVO, see Sample Interim Apprehended Personal Violence Order Adobe Acrobat PDF icon​(31 kb) or text only version

    Final AVO

    A Final AVO may be made either because:

    • you have been served with the AVO documents but have not turned up to court
    • you have consented to the AVO
    • a hearing has taken place and, based on the evidence, the court believes that an order should be made.

    A Final AVO will be made for a specified period of time, for example, six months, 12 months or two years. Most Final AVOs are made for 12 months.

    For more information, see Final Apprehended Violence Orders.

    Sample: For a sample Final ADVO, see Sample Final Apprehended Domestic Violence Order​ Adobe Acrobat PDF icon(30 kb) or text only version.

    Sample: For a sample Final APVO, see Sample Final Apprehended Personal Violence Order Adobe Acrobat PDF icon(30 kb) or text only version. ​