​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

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Final Apprehended Violence Orders

This page has information about:

    When the Court will make a Final Apprehended Violence Order

    A court can make a Final Apprehended Violence Order (AVO) if:

    • you don't go to court
    • you consent (agree) to a final AVO
    • the applicant is successful at a hearing. 

    You don't go to court

    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.   

    Alert IconIf 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 After court

    You consent (agree) to a Final Apprehended Violence Order 

    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 is successful at a hearing

    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:

    • physically hurt them
    • harass, stalk or intimidate them
    • damage their property.

    The duration of the Apprehended Violence Order

    The duration will be written on your Final Apprehended Violence Order (AVO). 

    The length of time the Final AVO lasts depends on:

    • the length of time the applicant or protected person asked for the AVO to last in the application
    • the seriousness of the threat
    • the protected person's fears
    • past incidents.

    Apprehended Personal Violence Orders 

    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. 

    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. 

    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 old 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 AVO in force for a limited time. 

    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. 

    Varying (changing) or revoking (cancelling) an AVO

    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:

    • apply to the Court to cancel (revoke) the final AVO
    • apply to the Court to change (vary) the final AVO
    • allow the AVO to expire.

    For more information, see Varying (changing) or revoking (cancelling) an Apprehended Violence Order.

    Consequences of 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:

    • criminal history
    • Family Law matter
    • firearms licence
    • security licence
    • ability to work with children
    • rental property. 

    For more information, see Consequences of an Apprehended Violence Order

    Consequences of breaching 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