Provisional and Interim Apprehended Violence Orders

There are two different types of temporary Apprehended Violence Orders (AVOs) that can be made a to protect a person until a court decides whether to make a final AVO:

• a Provisional AVO
  
• an Interim AVO. 
  

Provisional Apprehended Violence Orders

A Provisional Apprehended Violence Order (AVO) is an order applied for by a police officer and granted by a court or senior police officer. 

The police will apply for a Provisional AVO when they believe that someone needs immediate protection. These orders are sometimes referred to as 'telephone interim orders (TIOs)' as they can be made by phone, fax or online.

It will contain mandatory orders and may also have additional orders, which tell you what you can and can't do. 

It will also tell you the date the AVO application will be heard in court. 

Provisional Apprehended Violence Order and existing orders

The police may apply for a Provisional AVO where there is an Interim or Final AVO already in place with the same protected person. This could happen when a new domestic violence incident occurs with the same protected person and the police decide to apply for a Provisional AVO with new orders.

In that situation, the Provisional AVO application is considered to be an application to vary the existing order.

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

Duration of a Provisional Apprehended Violence Order

A Provisional AVO lasts until:

• it is revoked
  
• the Court makes an Interim or Final AVO - if you went to court
  
• you are served with the Interim or Final AVO - if you didn't go to court
  
• the AVO application is withdrawn or dismissed.
  

Due to the recent COVID-19 crisis, Provisional AVOs may last for up to six months.

If you have been served with a Provisional AVO, you can make an application to the Local Court to vary (change) or revoke (cancel) the AVO before the matter is due in the Local Court.

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

You must go to court on the date listed in the AVO. If you don't, the Court may:

• make an AVO against you
  
• issue a warrant for your arrest. 
  

A Provisional AVO can't be renewed. If the Court attempts to renew a Provisional AVO, it will be considered an Interim AVO. 

Sample: Provisional Apprehended Domestic Violence Order (122kb) or text only version

Interim Apprehended Violence Orders

An Interim Apprehended Violence Order (AVO) is an order made by the Court either:

• extending a Provisional AVO or
• where the Court agrees that it is necessary or appropriate for someone to have temporary protection.

For example, when you are served with an application for an AVO:

• you might go to court and ask for more time to get legal advice - the case may then be adjourned (postponed) and an Interim AVO may be made until the next time the case is in court
• ask the Court to refer you both to mediation - the case may then be adjourned (postponed) and an interim AVO may be made until the next time the case is in court. 
• you might not agree with the application - the Court may then list the case for a hearing and an Interim AVO may be made until the date of the hearing.

The Court may make the Interim AVO straight away or may want some with evidence showing why an Interim AVO is necessary. The Court may accept a number of different types of evidence including an affidavit, a written statement from a police officer, or oral evidence from the protected person.

For more information, see Written statements and evidence​.

A court must make an Interim AVO against you if you have been charged with a serious offence, regardless of whether an application for an interim AVO has been made. 

A serious offence may include:

• attempted murder
  
• 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
  
• sexual touching.
  

If you don’t go to court, an Interim AVO can still be made against you. 

If an Interim AVO is made, you will be told a date when you must attend court so that the Court can decide whether a Final AVO should be made.

Sample: Interim Apprehended Domestic Violence Order (29.019 kb) or text only version

Sample: Interim Apprehended Personal Violence Order ​(31 kb) or text only version 

An Interim AVO has the same effect as a Final AVO. 

For more information, see Final Apprehended Violence Orders.

Police detention 

The police can detain you to apply for and/or serve you with an AVO.

The police must not detain you any longer than it takes to serve you with a copy of the AVO. This can’t be more than two hours. This doesn’t include the time taken to travel to the police station or other place they direct you to. 

For more information, see Service of documents.