Police AVO applications (protected person)

The police can apply for an AVO on behalf of anyone.

Only the police can apply for an AVO to protect a child under the age of 16, unless the matter is in the Children’s court. In this case, a party to proceedings may apply for an AVO, or the Court can make an order of its own motion. For more information, see AVOs to protect children.

The police must apply for an AVO to protect you if:

• a domestic violence offence has been, is being, or will be committed against you
• the defendant has recently, is currently, or will likely stalk or intimidate you with the intention of causing you to fear physical or mental harm
• an offence against a child or young person has been, is being, or will be committed
• there are proceedings against the defendant for any of the above offences.

The police must apply for a Provisional AVO if they believe that an order need to be made immediately to:

• ensure your safety and protection, or
• prevent substantial damage to your property.

Sample: Provisional Apprehended Domestic Violence Order PINOP  

The police don't have to apply for an AVO if:

• there is already an AVO in place to protect you
• you are going to apply for an AVO
• there is a good reason not to make an application.

If the police decide not to apply for an AVO to protect you, they must write down the reasons for their decision.

You should call the police if:

• someone has hurt you or your child 
• you are scared that someone will hurt you or your child
• someone is intimidating, harassing, or stalking you or your child.

If it is an emergency, call triple zero (000) and the police will come to you.

Police can use the Telephone Interpreter Service (TIS) if you have difficulties understanding or speaking English. This is a free service.

A statement is a written document that describes what happened to you.

If you are a victim of domestic violence, there are three ways you can provide a statement to the police:

• video recording
• audio recording
• typed statement.

Video and audio recordings are often referred to as a DVEC (Domestic Violence Evidence in Chief recording).

When speaking with police, you should provide the police officer with as much information as possible, such as:

• the full name of the person you want protection from (the defendant)
• the defendant’s address
• the defendant’s date of birth or their approximate age
• the relationship between you and the defendant, for example neighbour or de facto spouse
• the names of anyone else you want protected by the order, for example, other family members living with you
• details of the incidents that are causing you fear, including the most recent incident
• details of any doctors reports or treatment by a doctor or hospital relating to any injuries caused by the defendant
• evidence of any damage to property (for example photos)
• the defendant's use of alcohol or drugs
• the defendant's access to firearms or other weapons
• the defendant’s any mental health issues
• any previous AVOs or other orders made in the past to protect you from the defendant.
• the orders you think you need.

If you are asking the police to apply for an Apprehended Domestic Violence Order (ADVO) on your behalf, you should also tell the police:

• how long you have been in a relationship with the defendant
• the names and dates of birth of any children you have together or who live with you
• whether the defendant has ever been charged or convicted of any domestic violence offence
• whether there has been any violence or threats towards your children (if you have children)
• whether there is a family law court case between you and the defendant
• whether there are any orders made by the Family Court in place
• whether the Department of Communities and Justice is or has been involved
• whether you and the defendant have any parenting arrangements for your children (if you have children).

If you need an interpreter to make a statement, the police must use a professional and qualified interpreter. They can’t use family members, friends, other police officers or the defendant to interpreter for you.

You don’t have to speak to the police or make a statement, but if you don’t, it may affect the police’s ability to investigate or lay charges.

The police will give a copy of your draft statement and ask you to read through it to make sure it is correct.

If there are things missing from your statement, you should tell the police.

If your statement is complete and correct, you must sign it to show that you believe the statement contains the truth. Don’t sign your statement unless you agree with it.

Any statement you make to the police must be true. The police can charge you for making a false or misleading statement.

The police should give you a copy of your signed statement. If they don’t, you can ask for a copy.

Once you have signed your statement, you can’t change or withdraw it. But you can provide an additional statement. If you want to change or withdraw your statement, you should get legal advice.

After you have given a statement, the police should then investigate the matter.

If the police believe there are reasonable grounds to apply for an AVO on your behalf, they will apply to the Court. The police may also decide to charge the defendant with a criminal offence (or offences).

The police will either hand deliver or post you a copy of the AVO application.

Sample: Application for an Apprehended Domestic Violence Order​ ​​ 

Sample: Application for an Apprehended Personal Violence Order​   

After the police have made the application, they must serve it on (give it to) the defendant personally.

The police officer that serves the AVO application must fill out a 'sta​tement of service', and send it to the Court. The statement of service states when and how the application was served, so that the Court knows the defendant is aware of the application.

The police can detain defendants, or in some cases order them to go to and stay at specified locations, for the purposes of serving an AVO application. If they can't serve the application personally, it is possible to get a court order to bring the application to ​​the defendant's attention in another way. This is called 'substituted service'.

You are not protected by a Provisional AVO until it is served on the defendant. For more information, see Types of AVOs.

The mention is the first date an application for an AVO is heard in court.

You should speak to the police about whether you need to attend court.

When the police apply for an AVO on your behalf, the police prosecutor will represent you at court. You don’t need to get your own lawyer.

However, you can get legal advice about the AVO. The Women's Domestic Violence Court Advocacy Service can help women and their children who are, or have been, experiencing domestic and family violence with their legal, social and welfare needs. For more information, see Women's Domestic Violence Court Advocacy Program.

Depending on what the police and the defendant want to do, your case may be finalised on the day or it may be adjourned (postponed) to another day.

For more information, see Mention.

If you have left your home because you fear the defendant and you would like to collect some of your belongings, you should speak to the police about getting a Property Recovery Order. If you have a Property Recovery Order the defendant must let you enter the premises to remove your property. The Court can also order that the police or another person may come with you so that you do not have to go there alone.

For more information, see Property Recovery Order.