Getting an Apprehended Violence Order
An Apprehended Violence Order (AVO) is a court order that protects you from violence by a person that you fear.
You can apply for an AVO if you:
- are experiencing or have been threatened with physical violence
- are being intimidated, harassed, molested or stalked by someone
- have suffered or been threatened with property damage.
If you have immediate concerns for your safety, you should call the police.
This section has information about:
Applying for an Apprehended Violence Order
An application for an Apprehended Violence Order (AVO) can be made by:
- a police officer
- a guardian appointed under a guardianship order
- yourself.
If you are under 16 years of age, the police must apply for the AVO on your behalf. You can't apply for an AVO yourself.
For more information, see
Apprehended Violence Orders to protect children.
This section covers:
- Applying for an Apprehended Violence Order through the Local Court or the police
- Provisional and Interim Apprehended Violence Orders
- Final Apprehended Violence Orders
- Mandatory and additional orders
- Costs in Apprehended Violence Order cases
- Recovering personal property
For more information, see
Applying for an Apprehended Violence Order.
Going to court
The first court date is called a 'mention'. You will usually appear before a magistrate or registrar.
The magistrate or registrar will want to know:
- if you (or the police) still want the Apprehended Violence Order (AVO)
- how the defendant wants to respond to the application.
Depending on what you and the defendant want to do, your application may be dealt with on the day or it may be adjourned (postponed) to another day.
This section covers:
- The mention
- Preparing your evidence
- The hearing
- The decision.
For more information, see
Going to court.
After court
At the end of your case, the Court will either:
- make a Final Apprehended Violence Order (AVO), or
- dismiss the application.
If the application is dismissed, you may be able to:
- appeal the decision to the District Court within 28 days
- re-apply for an AVO.
If a Final AVO is made, you will be protected by the AVO.
The defendant may apply to:
- annul the AVO
- appeal the decision.
Both you and the defendant may also apply to have the AVO varied or revoked.
Only police can apply to vary or revoke an order if children are named on the order.
This section covers:
- Consequences of an Apprehended Violence Order
- What to do if an Apprehended Violence Order is breached
- Varying (changing) or revoking (cancelling) an Apprehended Violence Order
- Interstate orders
- Annulment application
- Appealing the decision.
For more information, see
After court.
Victims Support Scheme
If you have been the victim of violence, you may be able to seek help under the Victims Support Scheme.
This section covers:
- What support is available?
- How can I find out more information?
- Can I apply for any other compensation?
For more information, see
Victims Support Scheme.
Immigration and Apprehended Violence Orders
If you are not an Australian citizen or permanent resident, you may need to change your visa if you are no longer living with the defendant.
For more information, see
Immigration and Apprehended Violence Orders.
Apprehended Violence Orders to protect children
There are different rules that apply when applying for an Apprehended Violence Order (AVO) to protect a child.
A child under 16 years of age cannot apply by themselves for an AVO for their protection. The application must be made by the police.
A child over 16 years of age can apply by themselves for an AVO.
This section covers:
- Applying for an Apprehended Violence Order
- Going to court for an Apprehended Violence Order
- Withdrawing an Apprehended Violence Order
- Varying (changing) or revoking (cancelling) an Apprehended Violence Order
- Children listed as protected persons on Apprehended Violence Orders.
Case study
Case study - Elizabeth and Gary
Elizabeth and Gary have been married for four years. They have an 18-month-old daughter. Gary has been out of work for four months. Elizabeth has been working longer hours to try and pay the bills but things have been really tense. Gary has always had a bad temper but lately things have become worse. He puts Elizabeth down, calling her "useless" and "lazy". Two weeks ago, he pushed Elizabeth over causing her to break her arm. Elizabeth told her doctor about what has been happening and her doctor encouraged her to go to the police. Elizabeth feels helpless and doesn't know what to do.