Apply for an Apprehended Violence Order

Apprehended Violence Orders (AVOs) are court orders designed to protect you from physical assault, stalking, harassment, intimidation or damage to property. You do not have to have experienced violence to apply for an AVO - fearing that you will experience violence is enough to make an application.

An AVO usually states that your partner or ex-partner cannot ‘assault, threaten,
harass, molest or stalk’ you. You can also ask the police or chamber magistrate to add specific conditions to the AVO to suit your particular situation for example adding other people like family, children or friends, who may be in danger.

There are two ways to apply for an AVO:

1. If police attend an incident and a domestic violence offence, stalking offence or an offence against children has occurred or is likely to occur police must apply for an AVO on your behalf. If the incident occurs after hours, police may apply for a telephone interim order.
2. If you haven’t or don’t want to call the police you can make an appointment with the chamber magistrate at your local court and apply through them.

AVOs and interim AVOs do not have any effect until they have been served on (given to) your partner.

Having an AVO doesn’t give your partner a criminal record, however, if your partner breaks any of the conditions of the AVO it is called a breach. A breach is a crime. You can/should call the police if your partner breaches the AVO. If a person is convicted of breaching an AVO they will have a criminal record.

The next stage of the AVO process is for you and your partner to appear in court. If your partner agrees to stick by the conditions of the AVO it will become binding. If they don’t agree to the conditions of the AVO another court date will be set. At that hearing you will be asked to say why you need protection from your partner. Your partner will be given the opportunity to say why they don’t believe the order should be made. The magistrate will then decide whether the AVO becomes binding.

If the hearing is adjourned for any reason you can ask the magistrate to make an interim order until the next hearing date.

AVOs are not automatically effective in other States or Territories. However, an AVO can be registered in New Zealand and other States (except WA) by providing a copy of it and proof that it has been served on you partner.

If the police have applied for an AVO on your behalf, the police prosecutor or the domestic violence officer can advise you and will represent you in court.

If you are applying for an AVO it is good idea to seek legal advice. You can call the DV Line (1800 65 64 63) or the Law Access Line (1300 888 529) to find out more about AVOs and for other legal information.