The court's decision
After reading all statements and hearing all the evidence, the court will either:
- make a final AVO against you, or
- dismiss the application.
If the court dismisses the application, your case is finished. No AVO will be made against you, and any provisional or interim AVO that has been made against you will end.
If the application for an AVO is dismissed, you may want to ask the court to make a costs order against the applicant.
For more information, see Costs in AVO cases.
If the court makes a final AVO against you, you must follow the orders in the AVO while it is in force. If you don’t, you may be charged with a criminal offence.
When will a court make an AVO?
Apprehended domestic violence order (ADVO)
The court will make a final ADVO if it is satisfied on the balance of probabilities (meaning something is more likely than not to be true), that the protected person fears, and that it is reasonable for them to fear, you will:
- commit a domestic violence offence against them
- intimidate them or a person with whom they have a domestic relationship, or
- stalk them.
When deciding whether the protected person fears you, the court can consider any actions you may have taken towards someone the protected person is in a domestic relationship with.
The court can make a final ADVO, even if the protected person doesn’t fear you, if the protected person:
- is a child
- is a person of appreciably below average intelligence functioning
- has reasonable grounds to fear a domestic violence offence
- has been the victim of a personal violence offence committed by you on more than one occasion, and there is a reasonable likelihood that you will commit a further personal violence offence against the protected person, and the AVO is necessary to protect them.
An ADVO that is made in these circumstances can only contain the mandatory orders. For more information, see Types of AVOs.
Apprehended personal violence order (APVO)
The court will make a final APVO if it is satisfied on the balance of probabilities (meaning something is more likely than not to be true), that the protected person fears, and that it is reasonable for them to fear, you will:
- commit a personal violence offence against them
- intimidate them, or
- stalk them.
When deciding whether the protected person fears you, the court can consider any actions you may have taken towards someone the protected person is in a domestic relationship with.
The court can make a final ADVO, even if the protected person doesn’t fear you, if the protected person:
- is a child
- is a person of appreciably below average intelligence functioning.
Mandatory and additional orders
If the court decides to make an AVO against you, it will ask the applicant if they want any additional orders to be included in the AVO.
The court will then ask you if you agree to any additional orders being included.
You should tell the court if you think the applicant is asking for orders just to inconvenience you.
When making an AVO, the court must only include the orders that are necessary for the safety and protection of:
- the protected person and their property, and
- any child directly or indirectly affected by your behaviour.
The orders should be clear and not conflict with each other.
If the court makes an AVO against you even though the protected person doesn’t fear you, it can only include the mandatory orders. It can’t include any additional orders.
For more information, see Types of AVOs.
For some examples of final AVOs, see:
When AVOs come into force
A final AVO comes into effect:
- when the court makes the AVO – if you go to the hearing
- when you are served with a copy of the AVO – if weren’t present at court.
If a final AVO is made against you after you are convicted of a serious offence, it will begin on the day before you go to gaol.
Duration of an AVO
APVOs
The duration of an APVO is the length of time specified by the court.
If the court fails to specify a time, the AVO will last for 12 months from the date it was made.
ADVOs
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.
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 two 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.
ADVOs made before 28 March 2020
The duration of an ADVO is the length of time specified by the court.
If the court failed to specify a time, the ADVO will last for 12 months from the date it was made.
Indefinite ADVOs
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:
- the applicant has asked for an indefinite ADVO
- you were 18 years or older when the application for the ADVO was made
- there is a significant and ongoing risk of death or serious physical or psychological harm to the protected person or any of their dependents
- this risk cannot be reduced by an ADVO in force for a limited time.
When deciding whether there is a significant and ongoing risk of death or serious injury to the protected person or any of their dependants the court must consider:
- any prior convictions you have for domestic violence offences, including breaching an AVO
- your actions that have caused the risk of death or serious physical or psychological harm
- the nature, number and timing of your actions.
An ADVO cannot be made against you for an indefinite period of time if you were younger than 18 years of age when the application was made.
Getting your property back
If an AVO is made against you and you need to collect your belongings from the protected person's home, you can ask the court to make a property recovery order. This order will allow you to collect your belongings without contravening the AVO. The court may order that the police or another person must go with you.
For more information, see Property recovery orders.
After court
If the court makes a final AVO against you, there may be consequences that you should be aware of. You must comply with your AVO while it is in force. If you breach any of the orders, you may be arrested and charged with a criminal offence.
If a final AVO is made against you when you are not in court, you can apply to have it annulled (cancelled) within two years of the date of the order. If you were in court when the AVO was made, you may be able to appeal to the district court within 28 days of the date the AVO was made.
If the AVO application is dismissed, the applicant may appeal the court’s decision. You will be notified if the applicant appeals.
You may be able to apply to vary (change) or revoke (cancel) your AVO.
Before you appeal, you should get legal advice.
For more information, see After court.
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