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Property Recovery Orders (defendant)

Information about how to apply for a Property Recovery Order to get your property back from the protected person.

If you have left personal property with the protected person, or the protected person has left personal property with you, the Court can make a Property Recovery Order.

A Property Recovery Order sets out how goods should be returned. An order may be made about goods like clothes, personal papers and children's toys.

In most cases a police officer or officers will come with either you or the protected person to get the property.​

A Property Recovery Order can only be made at the same time that a Provisional, Interim or Final Apprehended Domestic Violence Order (ADVO) is made. 

It can’t be made:

  • after your ADVO case is finished, or
  • in Interim or Final Apprehended Personal Violence Order (APVO) cases.

If you need to recover personal property where there is an APVO, you must make a different application. 

For more information about what to do in this situation, see Uncollected goods or get legal advice.

A Property Recovery Order can only be made at the same time that a Provisional, Interim or Final Apprehended Domestic Violence Order (ADVO) is made. 

An application for a Property Recovery Order can be made by:

  • the police
  • the protected person
  • the defendant.

When you go to court to respond to an ADVO, you can ask for a Property Recovery Order.

Before you apply for a Property Recovery Order, you should prepare a list of the property you want recovered. You should only ask for the things you reasonably need, for example clothes, shoes, and personal documents. 

The Court may not make orders about some items if there is a dispute about who owns them, unless you have proof you own them.

You must tell the Court about any relevant family law property orders that have been applied for or made.​

The Court will only make a Property Recovery Order if you go to court. An order won't be made in your absence. 

Sample: Sample Property Recovery Order

A Property Recovery Order can:

  • state the property that you are allowed to collect
  • tell the occupier of a premises that they must allow you to access to the residence so that you can collect your property
  • state that access to the premises will occur at a time arranged between the occupier and the police
  • require you to be accompanied by a police officer
  • allow you to be accompanied by a specific person. 

A Property Recovery Order doesn’t allow anyone to:

  • enter a person’s premises by force, or
  • take anything that they don’t own, or have a legal right to possess. 

A Property Recovery Order is not a property settlement. If you own significant asset with the defendant, for example a house, boat or shares, you must negotiate a settlement under Family Law.  

If you need to negotiate a property settlement with your ex-partner, you should get legal advice. 

To execute a Property Recovery Order, you should go to your local police station with a copy of the order and list of agreed items.

If the order doesn’t specify a date for you to collect your items, make sure you have a list of dates when you can go the PINOP’s property to collect your belongings.

If the police go with you, make sure you are organised. The police may not wait long for you to get everything. Have your list ready and have something you can put the items into to pack them quickly and carry them easily.

If you can’t collect all your belongings on the date on the order, or the date the police go with you, you will need to get legal advice about other options to get your belongings back. If you try to collect your belongings on a different date, you may be contravening the ADVO.

If the police won’t help you, you can:

  • speak to a Senior officer, Domestic Violence Liaison Officer (DVLO), Aboriginal Community Liaison Officer (ACLO), or Multicultural Community Liaison Officer (MCLO)
  • try another police station
  • make a complaint to the Local Area Command.

If the Court makes a Property Recovery Order, you must comply with it. It is an offence to contravene, or obstruct a person trying to comply with, a Property Recovery Order without a reasonable excuse. 

You can't be convicted of breaching an Apprehended Domestic Violence Order for following a Property Recovery Order. 

If you need to recover your property urgently and can't wait until the matter is heard in court, you should contact the police, as they may be able to help you get your belongings.

The police can't help you take property if you and the protected person disagree about who owns it, as disputes about property ownership need to be resolved in court.