The decision
After the Court has read all of the statements and heard all of the evidence, it will either dismiss the application, or make a Final Apprehended Violence Order (AVO).
When will a court make an Apprehended Violence Order
The Court will make a Final Apprehended Violence Order (AVO) if it is satisfied on the balance of probabilities (meaning something is more likely than not to be true), that the protected person fears, and that it is reasonable for them to fear, that you will:
- physically hurt them
- intimidate, stalk or harass them
- damage their property.
When deciding whether the protected person fears you, the Court can consider any actions you may have taken towards someone the protected person is in a domestic relationship with.
The Court can make an AVO against you even if the protected person doesn’t actually fear you, if the protect person:
- is a child
- is a person of appreciably below average intelligence functioning
- has reasonable grounds to fear a domestic violence offence
- has been the victim of a personal violence offence committed by you on more than one occasion, there is a reasonable likelihood that you will commit a further personal violence offence against the protected person, and the AVO is necessary to protect them.
The Court must make an Interim AVO if you have been charged with a serious offence, regardless of whether an application for an Interim AVO has been made. It must do this even if you don’t go to court.
The application is dismissed
If the Court dismisses the application for an Apprehended Violence Order (AVO), any Provisional or Interim AVO that has been made against you will also end.
Costs
If the application for an AVO is dismissed, you may want to ask the Court to make a costs order against the applicant.
For more information, see
Costs in Apprehended Violence Order cases.
A Final Apprehended Violence Order is made
What orders will a court make in an Apprehended Violence Order
If the Court decides to make an AVO against you, it will ask the applicant if they want any additional orders to be included in the AVO.
The Court will then ask you if you agree to any additional orders being included.
You should tell the Court if you think the applicant is asking for orders just to inconvenience you.
When making an AVO, the Court must only include the orders that are necessary for the safety and protection of:
- the protected person and their property, and
- any child directly or indirectly affected by your behaviour.
The orders should be clear and not conflict with each other.
If the Court makes an AVO against you even though the protected person doesn’t fear you, it can only include the mandatory orders. It can’t include any additional orders.
For more information, see
Mandatory and additional orders.
Duration of Apprehended Personal Violence Orders
The duration of an Apprehended Personal Violence Order (APVO) is the length of time specified by the Court.
If the Court fails to specify a time, the AVO will last for 12 months from the date it was made.
Duration of Apprehended Domestic Violence Orders made before 28 March 2020
The duration of an Apprehended Domestic Violence Order (ADVO) is the length of time specified by the Court.
If the Court failed to specify a time, the AVO will last for 12 months from the date it was made.
Duration of Apprehended Domestic Violence Orders made after 28 March 2020
The duration of the ADVO is:
- the period specified in the order, or
- two years, if the Court didn’t specify a length of time.
Indefinite Apprehended Domestic Violence Orders
From 28 March 2020, a court can make an ADVO for an indefinite period of time.
Before a court can make an ADVO for an indefinite period of time it must be satisfied that:
- the applicant has asked for an indefinite ADVO
- you were 18 years or older when the application for the ADVO was made
- there is a significant and ongoing risk of death or serious physical or psychological harm to the protected person or any of their dependents
- this risk cannot be reduced by an ADVO in force for a limited time.
When deciding whether there is a significant and ongoing risk of death or serious injury to the protected person or any of their dependants the Court must consider:
- any prior convictions you have for domestic violence offences, including breaching an AVO
- your actions that have caused the risk of death or serious physical or psychological harm
- the nature, number and timing of your actions.
An ADVO cannot be made against you for an indefinite period of time if you were younger than 18 years of age when the application was made.
When does the Apprehended Violenc Order come into effect?
A Final AVO comes into effect:
- when the Court makes the AVO – if you go to the hearing
- when you are served with a copy of the AVO – if don’t go to court.
Recovering personal property
If an AVO is made against you and you need to collect your belongings from the protected person's home, you can ask the Court to make a Property Recovery Order. This order will allow you to collect your belongings without contravening the AVO. The Court may order that the police or another person must go with you.
For more information, see Recovering personal property.
After court
If the Court makes the AVO, you should make sure that you have and keep a copy of the order. If you do anything that is not allowed under the AVO, you can be arrested and charged.
For more information, see After court.
Appealing the decision
If you are not happy with the Court's decision, you can file an appeal in the District Court within 28 days of the date the AVO was made.
Before you appeal, you should get
legal advice.
If the Court doesn't make an AVO, the applicant or the protected person may appeal the decision in the District Court within 28 days, or re-apply for an AVO at any time.