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A Final Apprehended Violence Order (AVO) is an order made by the Court to protect a person from the other party.
A court can make a Final Apprehended Violence Order (AVO) if:
If the defendant doesn't come to court on the date of the mention or hearing but was served with the application and knows about the case, the Court can make a final AVO without the defendant being there. This is called making orders 'in the defendant's absence' or making an order 'ex-parte'.
If a Final AVO is made in the defendant's absence, the defendant may 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 you still want an AVO.
For more information about annulment, see
The defendant can consent (agree) to a Final AVO being made. Sometimes the defendant will do this without admitting that they have done anything wrong and without agreeing to the grounds for your application. This is called 'consenting without admissions'.
To be successful, you must prove on the balance of probabilities (meaning that something is more likely than not to be true) that you fear, and there are reasonable grounds for you to fear, that the defendant will:
For more information, see Step by step guide: Presenting your case at the hearing.
Sample: Final Apprehended Domestic Violence Order (29kb) or text only version
Sample: Final Apprehended Personal Violence Order (30kb) 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.
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:
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 the defendant for an indefinite period of time if they were younger than 18 years of age when the application was made.
If your Final AVO is about to expire and you still fear the defendant, you can make an application to the Court for an extension of the final AVO. You should contact police if you have fears for your safety.
If things have changed between you and the defendant or you no longer fear the defendant you could:
A defendant who wants to vary or revoke an indefinite AVO must get leave (permission) from the court before making an application to vary or revoke.
If the defendant wants to vary or revoke an indefinite AVO, you should get legal advice.
For more information, see Varying (changing) or revoking (cancelling) an Apprehended Violence Order.
You can 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 your final AVO. If the defendant breaches the AVO, you should call the police and show them a copy of the AVO.
It may help to keep several copies of the AVO in different places, for example in your car and at work as well as at home so that you are able to access a copy of the AVO at all times.
For more information, see
What to do if an Apprehended Violence Order is breached.