Frequently Asked Questions ​

1. What i​s an A​​pprehended Violence Order?

An Apprehended Violence Order (AVO) is a court order that aims to protect a person (the 'protected person') from another person (the 'defendant') who causes them to fear for their safety.

For more information, see Apprehended Violence Orders.

If you think you need an AVO to protect you, see Getting an Apprehended Violence Order.

If someone has applied for an AVO against you, see Defending an Apprehended Violence Order.

2. How can an ​Apprehended Violence Order protect me?

All Apprehended Violence Orders (AVOs) have mandatory orders that say that the defendant must not assault, molest, harass, intimidate or stalk the protected person or destroy their property.

AVOs can also have additional orders that prohibit the defendant from doing certain things, for example, contacting the protected person, going within a certain distance of the protected person's home or work, and destroying or damaging the protected person's property.

If a defendant does anything that an AVO says they can't do, they are in breach of the AVO. Breaching an AVO is a criminal offence and if a defendant is found guilty of breaching an AVO they can be fined or sent to prison.

For more information, see Getting an Apprehended Violence Order.

3. Someone​ has applied for an Apprehended Violence Order against me. What can I do?

If you have received an application for an Apprehended Violence Order (AVO) you will need to go to court. The date you must go court should be written on the application. The first court date is called a 'mention'.

At the mention, there are a few ways you can respond to the application. You can:

• ask for an adjournment to get legal advice
• consent (agree) to the AVO without admitting the allegations 
• offer to give an undertaking (formal promise) to the Court to stop the behaviour causing the protected person to feel fear and the applicant may withdraw their application
• consent (agree) to the AVO and admit to the facts
  
• not consent (agree) to the AVO and the case will be listed for hearing and orders made for statements to be filed
• make a cross application
• ask for a Property Recovery Order to get your property back
• do nothing. 

For more information, see How to respond to an application for an Apprehended Violence Order.

4. When will t​he Court make an Apprehended Violence Order?

The Court will only make an Apprehended Violence Order (AVO) if it is satisfied on the balance of probabilities (that is, more likely than not) that the protected person fears, and it is reasonable for them to fear, the defendant will:

• be violent towards them
• stalk or intimidate them
  
• damage their property. 
  

The Court can make an AVO even if the protected person doesn't actually fear the defendant, if the protected person:

• is a child
  
• is a person of appreciably below average intelligence function
  
• has reasonable grounds to fear a domestic violence offence
  
• has been the victim of a personal violence offence committed by the defendant on more than one occasion, there is a reasonable likelihood that the defendant will commit a further personal violence offence against the protecte person, and the AVO is necessary to protect them. 
  

The Court must make an Interim AVO if the defendant has been charged with a serious offence, regardless of whether an application for an Interim AVO has been made. It must do this even if the defendant doesn't go to court. 

For more information, see:

• The decision - if you are applying for an Apprehended Violence Order
  
• The decision - if you are the defendant in an application for an Apprehended Violence Order. 
  

5. Do I have t​o go to court for an Apprehended Violence Order case?

If you are applying for an Apprehended Violence Order (AVO) you must go to court. If you don't, the Court will dismiss your application. 

If you are the protected person in a police application, you should check with the police whether they want you to to go court. 

If the police have given you a subpoena you must go to court. If you don't, the police may ask the Court to issue a warrant for your arrest and you may be charged with the offence of contempt of court. If you are found guilty of this offence, you may be punished with a fine or up to 28 days in prison. 

If you are the defendant and you have been served properly with a copy of the application for AVO, you should go to the mention so that you can tell the Court how you want to respond to the application. If you don't, the Court might:

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

If you are the defendant and you haven't been served with a copy of the application for an AVO, you don't need to go to court. If you don't, the Court may:

• adjourn the case so that you can be served with the application, or
• dismiss the application. 
  

If you are applying for an AVO, see Going to court - Protected person.

If someone has applied for an AVO against you, see Going to court - Defendant.

6. What can happen after an Apprehended Violence Order is made?

If the Court makes an Apprehended Violence Order (AVO), the defendant will be prohibited from doing certain things.

If the defendant does any of those things, they may be in breach of the AVO. Breaching an AVO is a criminal offence and if a defendant is found guilty of breaching an AVO they can be fined or sent to prison.

After an AVO is made, the applicant (the protected person or police) or the defendant can apply to vary the conditions of the AVO by:

• extending or reducing the length of time it is in force, or 
• changing the orders in the AVO. 
  

The parties can also apply to revoke (cancel) the AVO. 

If the protected person is under 16, only the police can apply to vary the AVO.

For more information, see After court - Protected person and After court - Defendant.

7. Who can apply for an Apprehended Violence Order?

An application for an Apprehended Violence Order (AVO) may be made by:

• the police
• a guardian appointed under a guardianship order
  
• yourself. 
  

Anyone over 16 years can apply for an AVO for their protection. 

Only the police can apply for an AVO to protect a child under the age of 16.

If you think you need an AVO to protect you, see Getting an Apprehended Violence Order.

If someone has applied for an AVO against you, see Defending an Apprehended Violence Order.

For more Frequently Asked Questions, see:

• Getting an Apprehended Violence Order – Frequently Asked Questions,
  
• Defending an Apprehended Violence Order  - Frequently Asked Questions, and
  
• Apprehended Violence Orders and Family Law – Frequently Asked Questions​.