Provisional and Interim Apprehended Violence Orders

There are two different types of temporary Apprehended Violence Orders (AVOs) that can be made to protect you while you wait for the Court to decide whether to make a final AVO:

• a Provisional AVO 
  
• an Interim AVO.
  

Provisional Apprehended Violence Orders

A Provisional AVO is 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. 

A Provisional AVO will contain mandatory orders and may also have additional orders, which tell the defendant what they can and can't do.

If a Provisional AVO is made to protect you, the police will 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 defendant. This could happen when a new domestic violence incident occurs with the same defendant 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.

The Provisional AVO should not reduce the protection given to you under an existing Interim or Final AVO. If it reduces your protection or the conditions are inconsistent, you should get legal advice.

A Provisional AVO lasts until:

• it is revoked
  
• the Court makes an Interim or Final AVO
  
• the defendant is served with the Interim or Final AVO - if they 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• the AVO application is withdrawn or dismissed.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. 

 The defendant may apply to the Court to have the Provisional AVO revoked or the conditions varied. If this happens, police will tell you.

 Sample: Provisional Apprehended Domestic Violence Order (96 kb) or text only version

Interim Apprehended Violence Orders

An Interim 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, the defendant might:

• attend 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 tme 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. 
• not agree with the application - the case may then be adjourned (postponed) and an Interim AVO may be made until the next time the case is in court.
  

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

For more information, see Written statements and evidence.

A court must make an Interim AVO against the defendant if they 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 an Interim AVO is made to protect you, you will be told a date when you must attend court so that the Court can decide whether a Final AVO should be made. 

Duration of an Interim Apprehended Violence Order

An Interim AVO will last until:

• it is revoked
• a Final AVO is made, or
• the AVO application is withdrawn or dismissed. 
  

Sample: Interim Apprehended Domestic Violence Order (29 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​.