An Apprehended Violence Order (AVO) is a Court order to protect a person from someone they fear may cause them harm. If a person breaches an AVO, it may result in criminal charges. AVOs are also within the special jurisdiction of the Local Court. 

A person may be eligible for an AVO if they:

• have experienced or been threatened with physical or sexual violence
• have been harassed, intimidated or stalked
• have had their property damaged or received threats of damage
• have had their animals harmed or threatened

There are different types of AVOs. An Apprehended Domestic Violence Order (ADVO) is an AVO for the protection of an alleged victim in a domestic or family violence matter. Defendants must comply with the order across Australia. An Apprehended Personal Violence Order (APVO) is an AVO for the protection of an alleged victim who is not and has not been in a domestic relationship with the defendant. If the protected person moves to a different state or territory, the person can register the APVO with a court in that state or territory. 

For an AVO application, the applicant includes the person applying for the AVO. The protected person is the person who requires protection, also known as the person in need of protection (PINOP) or the complainant. The defendant is the person the AVO is made against. 

If the defendant agrees to an order, an order may be made on that day. The defendant must attend the Registry to obtain a copy of the order. If the defendant does not agree to an order, the Court will list the matter and set a timetable for the filing of statements. The Court considers whether an interim order during any period of adjournment should be made.

Defendants should consider: 

• the circumstances raised in the application notice
• an order being made
• all or some of the orders being asked for on the application notice
• the period of time that the application notice is asking for the order to exist

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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