AVOs AVO Apprehended Violence Order

Prior to making an AVO the Court must be satisfied of the following:

That the person seeking protection has reasonable grounds to fear and fears:

  1. That you will commit a violence offence upon them, or
  2. That you will intimidate or stalk that person or any other person that they have has a domestic relationship with.

and…

Such conduct in the opinion of the Court is sufficient to make an AVO.

An AVO is not a criminal matter and it will not usually appear on a criminal history check.

It is however a criminal offence to breach an Interim or Final AVO. If you breach an AVO you face a maximum fine of $5,500.00 or imprisonment for two years, or both.

If you are successful in defending an AVO the court in some circumstances may Order the other party to pay your costs.

If you are named as a Defendant in an AVO you have a number of options including:

  1. Listing the matter for a hearing for determination by a Magistrate; or
  2. Accept the Orders as sought without making any admissions or agreeing to any of the allegations contained within the application; or
  3. Negotiate ‘undertakings’ whereby no formal AVO is made but you make certain promises to the court about your behaviour in the future; or
  4. Make an application that your matter be referred to mediation before the Community Justice Centre.

There are differences between an Apprehended Domestic Violence Order and an Apprehended Personal Violence Order – click the links to find out.


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