Types of Apprehended Violence Orders

An Apprehended Domestic Violence Order (ADVO) protects a person from violence, intimidation (including harassment) and stalking committed by someone that they are, or were, in a domestic relationship with.

A domestic relationship includes a relationship between people who:

• were or are married, in a de facto relationship, or in an intimate personal relationship
• are living together or have lived together
• are or have been living in the same residential facility (with some exceptions) or a detention centre
• are or have been relatives
• have or had a relat​ionship where one person provides unpaid care for the other person
• in the case of an Aboriginal person or a Torres Strait Islander, have been part of each other's extended family or kin (according to the Indigenous kinship system of the person's culture).

It also covers the relationship between someone's current partner and their former partner.

An Apprehended Personal Violence Order (APVO) protects a person from violence, intimidation (including harassment) and stalking committed by someone that they are not, and have not, been in a domestic relationship with. This can include:

• a neighbour
• a co-worker
• a customer or a client
• a former friend
• a school bully
• any other person they have reason to fear.

For more information on applying for an AVO, see Getting an AVO.

For more information on responding to an application for an AVO, see Defending an AVO.​

A Provisional AVO is an order applied for by a police officer and granted by a court or senior police officer. 

The police must apply for a Provisional AVO when they believe that someone needs immediate protection to:

• ensure their safety, or
• prevent substantial damage to their property.

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.

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• the AVO application is withdrawn or dismissed. 

Where a Provisional AVO has been made, it will automatically become an Interim AVO at the first mention unless:

• the AVO is revoked
• the matter is withdrawn or dismissed
• the Court makes an Interim or Final AVO.

When a Provisional AVO is automatically converted to an Interim AVO, the Interim AVO will contain the same orders as the Provisional AVO.

Sample: Sample Provisional Apprehended Domestic Violence Order PINOP

Sample: Sample Provisional Apprehended Domestic Violence Order Defendant

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 between the same PINOP and defendant and the police decide to apply for a Provisional AVO with new orders.

In that situation, the Provisional AVO is an application to vary the existing order.

The Provisional AVO should not reduce the protection given to the PINOP under an existing Interim or Final AVO.

For more information, see:

• Vary or revoke an AVO (PINOP)
• Vary or revoke an AVO (Defendant).

An Interim AVO is an order made by the Court where the Court agrees that it is necessary or appropriate for someone to have temporary protection.

Where a Provisional AVO has been made, it will automatically become an Interim AVO at the first mention unless:

• the AVO is revoked
• the matter is withdrawn or dismissed
• the Court makes an Interim or Final AVO.

When a Provisional AVO is automatically converted to an Interim AVO, the Interim AVO will contain the same orders as the Provisional AVO. The Court could also make an Interim AVO with different orders to the Provisional AVO.

If there was no Provisional AVO made, the Court can make an Interim AVO at a mention if they think it is necessary, until your case is finalised.

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.

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. 

An Interim AVO will last until:

• it is revoked
• a Final AVO is made, or
• the AVO application is withdrawn or dismissed. 
• An Interim AVO has the same effect as a Final AVO.

Apprehended Domestic Violence Orders

Sample: Interim Apprehended Domestic Violence Order PINOP

Sample: Interim Apprehended Domestic Violence Order Defendant

Apprehended Personal Violence Orders

Sample: Interim Apprehended Personal Violence Order PINOP

Sample: Interim Apprehended Personal Violence Order Defendant

A court can make a Final AVO if:

• the defendant doesn't come to ​court
• the defendant consents (agrees)​ to a F​inal AVO
• the applicant is successful at the hearing.

If the defendant was served with the AVO application, but doesn't attend court, the Court can:

• adjourn the matter for the defendant to attend
• make a Final AVO in the defendants absence – this is also known as a making an AVO ex parte
•  issue a warrant for the defendants arrest.

The Final AVO must be served on the defendant to be enforceable. The police can detain the defendant to serve the AVO. They can only detain the defendant for as long as it is necessary to serve them, but no more than two hours.  

If a Final AVO is made in the defendant's absence, the defendant may apply to cancel (annul) the AVO within two years. If the AVO is annulled (cancelled), the Court will re-hear the initial AVO application. 

Apprehended Domestic Violence Orders

Sample: Sample Final Apprehended Domestic Violence Order PINOP

Sample: Sample Final Apprehended Domestic Violence Order Defendant

Apprehended Personal Violence Orders

Sample: Sample Final Apprehended Personal Violence Order PINOP

Sample: Sample Final Apprehended Personal Violence Order Defendant

The defendant can consent (agree) to a Final AVO being made:

• with admissions, or
• without admissions.

If the defendant consents without admissions, they are agreeing an AVO being made without admitting any wrongdoing and without agreeing to the grounds for the application.

This won’t affect the orders that are made or the consequences of the AVO for the defendant.

Apprehended Domestic Violence Orders

Sample: Sample Final Apprehended Domestic Violence Order PINOP

Sample: Sample Final Apprehended Domestic Violence Order Defendant

Apprehended Personal Violence Orders

Sample: Sample Final Apprehended Personal Violence Order PINOP

Sample: Sample Final Apprehended Personal Violence Order Defendant

The applicant must prove on the balance of probabilities (meaning that something is more likely than not to be true) that they (or the PINOP) fear, and there are reasonable grounds for them to fear, the defendant will:

• physically hurt them
• harass them
• stalk or intimidate them, or
• damage their property or harm their animals.

Apprehended Domestic Violence Orders

Sample: Sample Final Apprehended Domestic Violence Order PINOP

Sample: Sample Final Apprehended Domestic Violence Order Defendant

Apprehended Personal Violence Orders

Sample: Sample Final Apprehended Personal Violence Order PINOP

Sample: Sample Final Apprehended Personal Violence Order Defendant

The duration will be written on your Final Apprehended Violence Order (AVO).  

The length of time the Final AVO lasts depends on: 

• the time sought in the application 
• the seriousness of the threat 
• the PINOPs fears 
• past incidents. 

Apprehended Personal Violence Orders  

A Final Apprehended Personal Violence Order (APVO) lasts for a set period of time decided by the Court.  

If the Court fails to specify a time, the APVO will last for 12 months.  

Apprehended Domestic Violence Orders made before 28 March 2020 

The duration of an Apprehended Domestic Violence Order (ADVO) is the length of time specified by the Court. 

If the Court failed to specify a time, the AVO will last for 12 months from the date it was made.  

Apprehended Domestic Violence Orders made after 28 March 2020 

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 remains in force while the Defendant is in goal and for two years after their goal term. 

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. 

Indefinite Apprehended Domestic Violence Orders 

A court can make an ADVO for an indefinite period of time, where it is satisfied that:  

• the PINOP (or the police) have asked for an indefinite ADVO 
• the defendant was 18 years or old 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 PINOP or any of their dependents 
• this risk cannot be reduced by an AVO in force for a limited time.  

An ADVO can’t be made against the defendant for an indefinite period of time if they were younger than 18 years of age when the application was made.  

If PINOP still fears the defendant when the Final AVO is about to expire, they can apply to the Court to extend the AVO.  

To do this, the PINOP should contact police and explain their fears for their safety. 

If the PINOP no longer fears the defendant, they can: 

• apply to the Court to cancel (revoke) the Final AVO 
• apply to the Court to change (vary) the Final AVO 
• allow the AVO to expire. 

A defendant who wants to vary or revoke an indefinite AVO must get leave (permission) from the Court before applying to vary or revoke. 

There are three mandatory orders that are included in every AVO. These are often referred to as ‘the standard orders’, ‘Orders about behaviour’ or ‘orders 1 a, b & c’.

They state:

1. The defendant must not do any of the following to the PINOP or anyone the PINOP has a domestic relationship with:

a)  assault or threaten them
b)  stalk, harass or intimidate them, and
c)  intentionally or recklessly destroy or damage any property or harm an animal that belongs to or is in the possession of them.

The mandatory orders also protect a person who is in a domestic relationship with the PINOP, including:

• people in their family, even if they don't live with them (including children)
• current or former spouse
• current or former de facto partner
• in the case of an Aboriginal person or a Torres Strait Islander, someone who is part of your extended family or kin according to the Indigenous kinship system of your culture.

The mandatory orders only prohibit the defendant from actions that are already against the law. They don’t prohibit the defendant from having contact with the PINOP or restrict the defendant’s movement. The PINOP and defendant can continue to maintain a relationship and live with each other.  

An ADVO can only have the mandatory conditions if it is made in circumstances where the PINOP doesn’t actually fear the defendant.

There are several additional orders that a court can include in an AVO.

The Court will make additional orders if it decides that they are necessary in the circumstances to ensure the safety and protection of the PINOP.

All of the additional orders can’t be made in the same AVO, as some of the orders conflict with others.

Additional orders are listed under the headings:

• Orders about contact
• Orders about family law and parenting
• Orders about where you cannot go
• Orders about weapons.

Orders about contact

2. You must not approach the protected person or contact them in any way, unless the contact is through a lawyer.

This means the defendant can't approach the PINOP or contact them directly, including by phone, text message, email, writing, or through a third part. All communication between the PINOP and defendant must be through a lawyer.

3. You must not approach:

a)  the school or any other place the protected person might go to for study, 
b)  any place they might go to for childcare, or
c)  any other place listed here___.  

This means the defendant can't go near the school or childcare centre where the PINOP may go or any other place that is listed in the order.

4. You must not approach or be in the company of the protected person for at least 12 hours after drinking alcohol or taking illicit drugs. 

This means the defendant can't be with the PINOP if they have consumed drugs or alcohol in the last 12 hours.

5. You must not try to find the protected person except as ordered by a court.

This means the defendant can't try and find the PINOP by any method, including online, by phone or asking anyone.

Orders about family law and parenting

6. You must not approach the protected person or contact them in any way, unless the contact is:

a)  through a lawyer, or
b)  to attend accredited or court-approved counselling, mediation and/or conciliation, or
c) as ordered by this or another court about contact with child/ren, or
d) as agreed in writing between you and the parent(s) about contact with child/ren, or
e) as agreed in writing between you and the parent(s) and the person with parental responsibility for the child/ren about contact with the child/ren.

Order 6(e) is an alternative to order 6(d) where there is an agreement in writing with another person who has parental responsibility for the children, such as a grandparent.

This means the defendant can't approach or contact the PINOP directly except:

• through a lawyer
• to attend court approved counselling or mediation or conciliation
• as ordered by a court, or
• as agreed to with the other parent in a parenting plan.

Orders about where you cannot go

7.  You must not live at:

a)  the same address as  the protected person, or
b)  any place listed here ___.

This means the defendant can't live with the PINOP or live at a place that is written in the order. A court can make this order regardless of whether the defendant owns the home or is named on the lease. 

8. You must not go into:

a)  any place where  the protected  person lives, or
b)  any place where they work, or
c)  any place listed here___ .

This means the defendant can't come to the PINOPs home, their work or another address (if specified).

9. You must not go within ___ metres of:

a)  any place where the protected person lives, or
b)  any place where they work, or
c)  any place listed here___.  

This means the defendant must stay a certain distance away from the protected person's home, work or another address (if specified).

Orders about weapons

10. You must not possess any firearms or prohibited weapons.

This means the defendant must not have any firearms or prohibited weapons.​ 

Even if this order is not made, the defendant can't have a firearms licence or possess firearms when an AVO is made against them. For more information, see Consequences for the defendant. 

If orders 7, 8, or 9 are made, the defendant may need to ask the Court for a Property Recovery Order. This order will allow the defendant to go to the home and retrieve their belongings without contravening the AVO. For more information, see Property Recovery Order.