If you have left personal property with the defendant, or the defendant has left personal property with you, the court can make a Property Recovery Order.
A Property Recovery Order Orders sets out how goods should be returned. An order may be made about goods like clothes, personal papers and children's toys.
In most cases a police officer or officers will come with either you or the defendant to get the property.
A Property Recovery Order can only be made at the same time that a Provisional, Interim or Final AVO is made.
When you or the police apply for an AVO, you can ask for a 'Property Recovery Order'. If you don't ask for it when you make the application, you or the police can ask when you go to court.
You should prepare a list of the property you want recovered. The court may not make orders about some items unless you have proof you own them.
You will also need to tell the court about any relevant family law property orders that have been applied for or made.
Sample: For a sample order, see Sample Property Recovery Order (22kb) or text only version.
If you need to recover your property urgently and can't wait until the matter is heard in court, you should contact the police, as they may be able to help you get your belongings.
The police can't help you take property if you and the defendant disagree about who owns it as disputes about property ownership need to be resolved in court.