Defending an Apprehended Violence Order
If you are named as a defendant in an application for an Apprehended Violence Order (AVO) you need to consider how you are going to respond to the application. How you respond will determine what you need to do next.
If you have lost your AVO, you can get a copy:
- from the Local Court registry
- by calling Court Service Centre on 1300 679 272 and asking for a copy to be posted to you
- from your lawyer.
Aboriginal people can get a copy by:
- speaking to the Aboriginal Service Unit worker at the Local Court
- calling the Aboriginal Services Unit on 1300 679 272.
This section has information about:
Responding to an application for an Apprehended Violence Order
If you have been served with an application for an Apprehended Violence Order (AVO), you can:
- ask for an adjournment to get legal advice
- give the Court an undertaking
- consent (agree) to the AVO (with or without admissions)
- make a cross application
- oppose the application
- ask for a Property Recovery Order
- do nothing.
If you are under 18 years of age, your case will be dealt with differently. For more information, see
Apprehended Violence Orders against children.
If you have also been charged with a criminal offence, for example assault, when you go to court you will need to respond to the AVO and the criminal charge.
This section covers:
- Who applied for the Apprehended Violence Order
- What the applicant needs to show the court
- Being served with an application for an Apprehended Violence Order
- How to respond to an Apprehended Violence Order
- Provisional and Interim Apprehended Violence Orders
- Final Apprehended Violence Orders
- Mandatory and additional orders
- Costs in Apprehended Violence Order cases
- Recovering your personal property
- Charged and Apprehended Violence Orders
- Making a cross application.
For more information, see
Responding to an application for an Apprehended Violence Order.
Going to court
The first court date is called a 'mention'. The magistrate will want to know:
- if the applicant still wants to go ahead with the application
- how you want to respond to the application.
If the police applied for the Apprehended Violence Order (AVO) on behalf of the protected person, they will represent the protected person.
How you and the applicant respond will determine what orders the Court will make.
This section covers:
- The mention
- Preparing your evidence
- The hearing
- The decision.
For more information, see
Going to court.
After court
At the end of your case, the Court will either:
- make a Final Apprehended Violence Order (AVO), or
- dismiss the application.
If the application is dismissed, the applicant may:
- appeal the decision to the District Court within 28 days
- re-apply for an AVO.
If a Final AVO is made against you, you may apply to:
- appeal the decision to the District Court within 28 days.
- annul the AVO
- vary (change) or revoke (cancel) the AVO.
If an AVO is made against you, you are not given a criminal record. However, if you breach an AVO it is a criminal offence. An AVO may also place some restrictions on you, such as stopping you from having a firearms or security licence, or working with children.
If you need help understanding your AVO, you should get legal advice.
Aboriginal people can get help to understand an AVO by speaking to an Aboriginal Service Unit worker at the Local Court, or by calling the Aboriginal Services Unit on 1300 679 272.
This section covers:
- Consequences of an Apprehended Violence Order
- Consequence of breaching an Apprehended Violence Order
- Varying (changing) or revoking (cancelling) an Apprehended Violence Order
- Interstate orders
- Application for Annulment
- Appealing the decision.
For more information, see
After court.
Apprehended Violence Orders against children
Apprehended Violence Orders (AVOs) against children are dealt with in the Children's Court and different rules apply in these cases.
This section covers:
- Responding to an application for an Apprehended Violence Order
- Going to court for an Apprehended Violence Order
- Withdrawing an Apprehended Violence Order
- Varying (changing) or revoking (cancelling) an Apprehended Violence Order
- Appeals.
Case study
Case study - Saabeah, Didier and Mark
Mark has lived in his house for 20 years. Saabeah and Didier recently moved into the house next door. A few months ago Mark started doing some work around his house, and has been placing the building rubble and garbage in his yard next to the fence. Saabeah and Didier have sent Mark a letter accusing him of throwing the garbage over their fence. Mark is really angry and frustrated. He believes Saabeah and Didier should mind their own business. Mark wrote them a letter warning them to leave him alone. On Tuesday Mark was served with an application for an Apprehended Personal Violence Order. Mark has to go to court in two weeks and doesn't know what to do.