Apprehended Violence Orders (‘AVO’)

Typically made by a magistrate, an Apprehended Violence Order (AVO) may be issued to protect a person from domestic violence. An AVO remains in force for the time set by the court.
There are two categories of AVO’s:

  1. Apprehended Domestic Violence Orders (ADVOs): This order protects a person from violence, threats and harassment from a spouse, de facto partner, ex-partner, family member, carer or person living in the same household.
  2. Apprehended Personal Violence Orders (APVOs): This order protects a person from violence, threats and harassment from anyone you are not in a domestic or family relationship with, and have never been in a relationship with.

A court may impose any prohibitions or restrictions on the defendant’s behavior which appear necessary or desirable to the court, and to ensure the safety and protection of the person who needs the protection and any children from domestic or personal violence.

Every AVO made by a court prohibits:

  • Assaulting, molesting, harassing, threatening or otherwise interfering with the protected person or a person with whom the protected person has a domestic relationship.
  • Engaging in any other conduct that intimidates the protected person or a person with whom the protected person has a domestic relationship.
  • Stalking the protected person or a person with whom the protected person has a domestic relationship.

Other prohibitions or restrictions may include:

  • Prohibiting or restricting the defendant from approaching the protected person.
  • Prohibiting or restricting the defendant from having access to the protected person’s home, workplace or any place the protected person frequents.
  • Prohibiting or restricting the defendant from approaching the protected person or the above-mentioned places within 12 hours of consuming illicit drugs or alcohol.
  • Prohibiting the defendant from destroying or deliberately damaging or interfering with the protected person’s property.
  • Prohibiting or restricting certain behaviour by the defendant that might affect the protected person.

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