Mandatory and additional orders
All Apprehended Violence Orders (AVOs) have mandatory orders, also known as 'standard orders' or 'Orders about behaviour'.
There are also other optional 'additional orders' that an applicant can ask for.
Mandatory orders/Orders about behaviour
There are three mandatory orders that are included in every Apprehended Violence Order (AVO). These are often referred to as 'standard orders' or orders 1 a, b & c.
The mandatory orders are orders that are designed to protect the protected person, but they don’t require you to do anything that you wouldn't usually be expected to do.
The mandatory orders also protect a person who is in a domestic relationship with the protected person, including:
- people in their family, even if they don't live with them (including children)
- their current spouse or partner, or ex-spouses or ex-partners
- in the case of an Aboriginal person or a Torres Strait Islander, someone who is part of your extended family or kin according to the Indigenous kinship system of your culture.
From 3 December 2016, a domestic relationship also covers the relationship between someone's current partner and their former partner.
The mandatory orders don’t prohibit contact between you and the protect person. If an AVO is made against you with the mandatory orders only, you can be in a relationship with or live with the protected person.
The orders state:
1. You must not do any of the following to the protected person or anyone the protected person has a domestic relationship with:
a) assault or threaten them
b) stalk, harass or intimidate them, and
c) intentionally or recklessly destroy or damage any property that belongs to or is in the possession of them.
From 27 March 2021, ‘Orders about behaviour’ also include that the Defendant must not harm an animal that belongs to or is in the possession of the protected person.
Additional orders
There are a number of additional orders that a court can include in an Apprehended Violence Order (AVO).
The Court will make additional orders if it decides that they are necessary in the circumstances to ensure the safety and protection of the protected person.
All of the additional orders can’t be made in the same AVO, as some of the orders conflict with others. For example, the applicant could not have an order which stops you from making any contact except through your lawyer and an order which allows some contact between you and the protected person.
If you want to consent to the mandatory/standard orders, but do not agree to some (or all) of the additional orders the applicant has asked for, you should tell the Court which orders you don't agree with and why.
Additional orders are listed under the headings:
- Orders about contact
- Orders about family law and parenting
- Orders about where you cannot go
- Orders about weapons.
Orders about contact
2. You must not approach the protected person or contact them in any way, unless the contact is through a lawyer.
This means that you can't approach the protected person or contact them by phone, text message, email, writing, through a third party, or in any other way, except through your lawyer.
3. You must not approach:
a) the school or any other place the protected person might go to for study,
b) any place they might go to for childcare, or
c) any other place listed here___.
This means that you can't go near the school or childcare centre where the protected person may go or any other place that is listed in the order.
4. You must not approach or be in the company of the protected person for at least 12 hours after drinking alcohol or taking illicit drugs.
This means that you can't be with the protected person if you have had drugs or alcohol in the last 12 hours.
5. You must not try to find the protected person except as ordered by a court.
This means that you can't try and find the protected person by any method including online, by phone or asking anyone.
Orders about family law and parenting
6. You must not approach the protected person or contact them in any way, unless the contact is:
a) through a lawyer, or
b) to attend accredited or court-approved counselling, mediation and/or conciliation, or
c) as ordered by this or another court about contact with child/ren, or
d) as agreed in writing between you and the parent(s) about contact with child/ren, or
e) as agreed in writing between you and the parent(s) and the person with parental responsibility for the child/ren about contact with the child/ren.
This means that you can't approach or contact the protected person by phone, text message, email, writing, through a third party, or in any other way, except through your lawyer, or to go to court approved counselling or mediation or conciliation or as ordered by a court or as agreed with the other parent. Order 6(e) is an alternative to order 6(d) where there is an agreement in writing with another person who has parental responsibility for the children, such as a grandparent.
Orders about where you cannot go
7. You must not live at:
a) the same address as the protected person, or
b) any place listed here ___.
This means that you can't live with the protected person or live at a place that is written in the order. A court can make this order regardless of whether you own the home or are named on the lease.
8. You must not go into:
a) any place where the protected person lives, or
b) any place where they work, or
c) any place listed here___ .
This means you can't come to the protected person's home, their work or another address (if specified).
9. You must not go within ___ metres of:
a) any place where the protected person lives, or
b) any place where they work, or
c) any place listed here___.
This means that you must stay a certain distance away from the protected person's home, work or another address (if specified).
Orders about weapons
10. You must not possess any firearms or prohibited weapons.
This means that you must not have any firearms or prohibited weapons.
Even if this order is not made, you can't have a firearms licence or keep any firearms when an AVO is made against you. For more information, see Consequences of an Apprehended Violence Order.
If orders 7, 8, or 9 are 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 to your home and retrieve your belongings without contravening the AVO. The Court may order that the police or another person must come with you. For more information about Property Recovery Orders, see Recovering personal property.
Orders made before 3 December 2016
On 3 December 2016, the law about AVO orders and how they were written changed.
Before 3 December 2016, the mandatory orders prohibited the defendant from:
a. Assaulting, molesting, harassing, threatening or otherwise interfering with the protected person or a person with whom the protected person has a domestic relationship,
b. Engaging in any other conduct that intimidates the protected person or a person with whom the protected person has a domestic relationship,
c. Stalking the protected person or a person with whom the protected person has a domestic relationship.
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Additional orders that could be included in an AVO made before 3 December 2016 were:
2. | The defendant must not reside at the premises at which the protected person(s) may from time to time reside, or other specified premises. |
This means that you can't live with the protected person.
3. | The defendant must not enter the premises at which the protected person(s) may from time to time reside or work, or other specified premises. |
This means that you can't go to the home or work address of the protected person, or another address (if specified). It is important to note that this order follows the protected person. If the protected person moves, the AVO follows them to their new address and you will be restricted from going there.
4. | The defendant must not go within ________ of the premises where the protected person may from time to time reside or work, or other specified premises. |
This means that you must stay a certain distance away from the protected person's home, work or another address (if specified). The applicant can nominate how far, for example 50 metres or 100 metres. If the protected person moves, the AVO 'follows' them to their new address and you will be restricted from going there. You should think carefully about how this order might affect you. For example, if your workplace is near the protected person's workplace you may want to argue against the distance that the protected person is asking for if it will prevent you from attending your workplace.
5. | The defendant must not approach or contact the protected person(s) by any means whatsoever, except through the defendant's legal representative or as agreed in writing or permitted by an order or directions under the Family Law Act 1975, for the purpose of counselling, conciliation or mediation. |
This means that you can't approach or contact the protected person by phone, text message, email, in writing, through a third party or in any other way except through your lawyer. However, if there is a written agreement between you and the protected person, or if family law orders or directions have been made for counselling, conciliation or mediation, you can contact the protected person in the way that has been agreed or is set out in those family law orders/directions.
6. | The defendant must not approach or contact the protected person(s) by any means whatsoever, except through the defendant's legal representative or as authorised by a parenting order under the Family Law Act 1975 unless the parenting order has been varied, suspended or discharged under s68R of the Family Law Act 1975. |
This means that you can't contact the protected person by phone, text message, email, in writing, through a third party or in any other way, except through your lawyer, or if a family law parenting order has been made.
7. | The defendant must not approach or contact the protected person(s) by any means whatsoever, except through the defendant's legal representative. |
This means that you can't approach or contact the protected person by phone, text message, email, in writing, through a third party or in any other way except through your lawyer.
8. | The defendant must surrender all firearms and related licences to Police. |
This means that you must give the police any guns or gun licences that you have. Even if this order is not made, you cannot have a firearms licence or keep any firearms when you have an AVO against you. If a Provisional, Interim or Final AVO has been made against you, and you have firearms or a firearms licence, you should get legal advice.
9. | The defendant must not approach the school or other premises at which the protected person(s) may from time to time attend for the purposes of education or child care or other specified premises: |
This means that you can't go near the school or childcare centre where the protected person may go.
10. | The defendant must not approach the protected person(s) or any such premises or place at which the protected person(s) from time to time reside or work within 12 hours of consuming intoxicating liquor or illicit drugs. |
This means that you can't approach or go where the protected person is, or where they live or work, if you have had drugs or alcohol in the last 12 hours.
11. | The defendant must not destroy or deliberately damage or interfere with the property of the protected person's. |
This means that you can't do anything to the protected person's property.