The magistrate will not make a Final AVO if he or she does not believe, 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
• do things to distress, annoy or upset them
• intimidate or stalk them.

In domestic violence cases the court can make a final AVO even if the protected person doesn’t actually fear the defendant, provided there are reasonable grounds for that fear​.

If the magistrate does not make a Final AVO, any Provisional or Interim AVO that has been made will also end.

What happens now?

If the magistrate decides not to make the AVO, the applicant or the protected person may:

• appeal the decision in the District Court within 28 days
• reapply for an AVO at any time

Costs

If the applicant was the protected person and you win, the magistrate may make a costs order against the applicant. It is unlikely that the magistrate will make a costs order against the police if they are the applicant, or if the application is for an Apprehended Domestic Violence Order (ADVO).

For more information, see Costs in Apprehended Violence Order cases.

The AVO is made

The magistrate will make a Final AVO if they decide, on the balance of probabilities, that the protected person fears, and that it is reasonable for them to fear, that you will:

• physically hurt them
• do things to distress, annoy or upset them
• intimidate or stalk them.

The magistrate may want to still hear from you and the applicant about what orders, other than the mandatory orders (standard orders), should be made. You should tell the court if you think any orders are being asked for just to inconvenience you.

For more information, see Mandatory and additional orders.

How can I get my property back from the protected person?

If an AVO is made and you need to collect your belongings from your residence you can ask the court to make a Property Recovery Order. This order will allow you to go there and get your belongings without contravening the AVO. The court may order that the police or another person must go with you.

What can I do now?

If the magistrate 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.

If you are not happy with the magistrate's decision, you can file an appeal in the District Court within 28 days. Before you appeal, you should get legal advice.

For more information, see After court.