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A court can make a Final Apprehended Violence Order (AVO) if:
If you have been served with the AVO documents but don't go to court on the date of the mention or hearing, the Court can make a Final AVO without you being there. This is referred to as making orders 'in your absence' or making an order 'ex-parte'.
If a Final AVO is made in your absence, it must be served on you to become enforceable.
If an Apprehended Domestic Violence Order (ADVO) has been made against you, the police will serve you with a copy of the ADVO.
The police can detain you to serve you with an AVO. They can only detain you for as long as it is necessary to serve you, but no more than two hours.
If a Final AVO is made in your absence, you have two years to apply to cancel (annul) this decision. If the AVO is annulled, the AVO will no longer apply and you will have to go to court again for another mention and possibly a hearing if the protected person still wants the AVO.
For more information about annulments, see
You can consent (agree) to a Final AVO being made without admitting that you did anything wrong and without agreeing to the grounds for the application. This is called 'consenting without admissions'.
The fact that you don't admit to doing anything wrong will not affect the orders that are made. It will also not make any difference to the impact an AVO will have on you.
For more information, see
Consequences of an Apprehended Violence Order.
The applicant will be successful if they prove on the balance of probabilities (meaning that something is more likely than not to be true), that the protected person reasonably fears you will:
Sample: Final Apprehended Domestic Violence Order (29 kb) or text only version
Sample: Final Apprehended Personal Violence Order (30 kb) or text only version
The duration will be written on your Final Apprehended Violence Order (AVO).
The length of time the Final AVO lasts depends on:
A Final Apprehended Personal Violence Order (APVO) lasts for a set period of time decided by the Court.
If the Court fails to specify a time, the APVO will last for 12 months.
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.
The duration of the ADVO is:
From 27 March 2021, when an ADVO is made against a Defendant who is sentenced to full time gaol for a serious offence, the court can order that the ADVO remain in place for the time the Defendant is in gaol and continue for 2 years after the gaol term is complete.
A serious offence may include:
a domestic violence offence or an attempted domestic violence offence
stalking or intimidation with the intention of causing the victim to fear physical or mental harm
wounding or grievous bodily harm
sexual assault or attempted sexual assault
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:
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.
If the Final AVO is about to expire and the protected person still fears you, they or the police can make an application to the Court for an extension of the final AVO.
If things have changed between you and the protected person, or the protected person no longer fears you, you could:
If you want to vary or revoke an indefinite AVO, you must get leave (permission) from the court before making an application to vary or revoke an AVO. You should get legal advice.
For more information, see Varying (changing) or revoking (cancelling) an Apprehended Violence Order.
If an Apprehended Violence Order (AVO) is made against you it will be recorded on your criminal history, but it won’t be recorded on your criminal record and it won’t appear in a criminal record check.
However, if you breach the AVO and are convicted of this offence, the offence will be listed on your criminal record.
An Final AVO may also affect your:
For more information, see Consequences of an Apprehended Violence Order.
You should get a copy of the Final Apprehended Violence Order (AVO) from the court registry or it may be posted to you.
You should keep a copy of the Final AVO.
If you breach the AVO the police can arrest and charge you with the criminal offence of contravening the AVO (breaching the AVO).
If you breach the AVO while committing a crime, you could also be charged with other offences, such as assault or malicious damage. This will mean that you will have to go to court to answer the criminal charges.
If the Court convicts you of breaching an AVO, you can be fined and/or imprisoned. If the breach involves violence, it is considered a serious offence and there is a strong chance you will be sent to prison.
Any conviction will appear on your criminal record and a Working With Children Check.
For more information, see
Consequences of Breaching an Apprehended Violence Order.