Final Apprehended Violence Orders
A Final Apprehended Violence Order (AVO) is an order made by the Court to protect a person from the other party.
When the Court will make a Final Apprehended Violence Order
A court can make a Final Apprehended Violence Order (AVO) if:
-
the defendant doesn't come to court
-
the defendant consents (agrees) to a Final AVO
-
you are successful at a hearing.
The Defendant doesn't come to court
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
After court.
The Defendant consents (agrees) to a Final Apprehended Violence Order
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'.
You are successful at a hearing
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:
- physically hurt you
- harass you
- stalk or intimidate you, or
- damage your property.
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 of a Final 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 time you asked for in your application
- the seriousness of the threat
- your 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.
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:
- 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.
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:
- you (or the police) have asked for an indefinite ADVO
- the defendant was 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 you or any of your dependents
- this risk cannot be reduced by an AVO in force for a limited time.
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.
Varying (changing) or revoking (cancelling) an AVO
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:
- 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.
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.
What to do after a Final Apprehended Violence Order is made against the defendant
Keep a copy of the 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.