Private AVO applications (protected person)

Before you apply for an AVO, you should speak to the police.

If the police apply for an AVO to protect you, they will run the case and represent you in court. You won’t need to get your own lawyer.

If you need immediate protecti​on, or are experiencing domestic violence, the police may apply for a Provisional AVO to protect you. A Provisional AVO will protect you until your case goes to court. 

There are two types of AVOs that protect people from harm:

• Apprehended Domestic Violence Orders (ADVOs)
• Apprehended Personal Violence Orders (APVOs).

An ADVO protects you from violence committed by someone you are, or were, in a domestic relationship with.

An APVO protects you from violence committed by someone you are not, and have not, been in a domestic relationship with.

Your relationship with the other person will determine what kind of AVO might be made in your case.

Before applying for an AVO, you need to consider what type of AVO you need to apply for.

You also need to consider what orders you want to ask the Court to include in the AVO.

All AVOs have mandatory orders, also know as ‘the standard orders’ or ‘Orders about behaviour’. There are also additional orders the Court can include​​.

If you ask for additional order, you just explain to the Magistrate why they are necessary for your protection.

You also need to consider whether you need urgent protection. If a serious threat has been made to your safety, you should ask the registry staff that are helping you about applying for an Interim AVO. A Magistrate will deal with your application (usually on the same day), and an Interim AVO may be made protecting you until your case is heard in court.

For more information, see Types of AVOs. 

Before you apply for an AVO, you should consider what you need to prove to get an AVO. You alone are responsible for proving to the Court that it should make an AVO to protect you. The defendant doesn’t have to prove anything.

Apprehended Domestic Violence Orders (ADVOs)

To get an ADVO, you must prove that you are fearful the defendant will:

• commit a domestic violence offence against you
• intimidate you or a person with whom you have a domestic relationship, or
• stalk you.

This is a 'subjective test' - it is based on what you actually feel.

You must also prove that your fear is based on reasonable grounds. This is an 'objective test' – it is based on what a reasonable person in your situation would feel.

You don't have to suffer actual violence to get an AVO. 

The Court can make an AVO even if you don’t actually fear the defendant, where you:

• are a child
• are a person of appreciably below average intelligence function
• have reasonable ground to fear a domestic violence offence

have been a victim of a personal violence offence committed by the defendant on more than one occasion, there is a reasonable likelihood that the defendant will commit a further personal violence offence against you, and the AVO is necessary to protect you. 

Apprehended Personal Violence Orders (APVOs)

To get an APVO, you must prove that you are fearful the defendant will:

• commit a personal violence offence against you
• intimidate you, or
• stalk you.

This is a 'subjective test' - it is based on what you actually feel.

You must also prove that your fear is based on reasonable grounds. This is an 'objective test' – it is based on what a reasonable person in your situation would feel.

You don’t need to prove that you have been the victim of violence to get an APVO. 

The Court can make an APVO even if you don’t fear the defendant if you are:

• a child
• a person of appreciably below average intelligence functioning.

Every Local Court works differently. Some courts may have a special Apprehended AVO kit or a form you can fill out to apply for an AVO. At other courts you will need to make an appointment with the Registrar who will help you apply for an AVO. You should call or go to your nearest Local Court to find out what you need to do. 

Only the police can apply for an AVO to protect a child under 16 only. However, you can add your children to your own AVO. If the Magistrate makes an Interim or Final AVO to protect you, in most cases they must also make an order to protect any child under 16 who lives with you.

If the Registrar thinks that you don’t have grounds for an AVO, they may refuse your application.

If you still want to go ahead, the Registrar will help you to make an application to the Magistrate. The Magistrate may:

• accept your application, or
• refuse your application.

If your application is refused, you should get legal advice.

If you need an interpreter, tell the registry as soon as possible. Registry staff can use the Telephone Interpreter Service (TIS) when you are apply for an AVO and can order an interpreter to help you at court. There is no fee for an interpreter in AVO matters.

Whether you make your application by filling out a form yourself or with the help of registry staff, you need to provide as much of the following information as you can:

• the full name of the person you want protection from (the defendant)
• the address of the defendant
• the date of birth (if you know it) or an approximate age of the defendant
• the relationship between you and the defendant, for example neighbours, de facto spouses or other family members
• the names of anyone else you want protected by the order, for example, other family members who have lived with, or are living with, you
• details of the incidents that are causing you to fear the defendant, including the most recent incident
• details of any reports or statements made to the police, including any event numbers
• 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)
• information about the defendant's use of alcohol or drugs
• information about the defendant's access to firearms or other weapons
• information about any mental health issues
• whether any AVOs or other orders have been made in the past to protect you from the defendant
• the orders you think you need.  

If you are applying for an ADVO, you should also supply the following information if the person you want to be protected from is, or has been, your intimate partner:

• 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 court case in the Family Law Court between you and the defendant
• whether there are any orders made by the Family Court
• whether the Department of Communities & Justice is or has been involved
• whether you and the defendant have any parenting arrangements for your children (if you have children)

If you are applying for an APVO, you will need to provide the following information:

• if you and the defendant have an existing business relationship
• if you owe money to the defendant
• if the defendant owes you money
• if you have previously been to court over a dispute with the defendant.

The information you include in your statement must be true. 

You must sign your application to show that the information you have provided to the Court and the reasons you have given for your application are the truth. 

It is an offence to make a false or misleading statement in an AVO application. It is also an offence to make a false or misleading statement to the police, or the court hearing an AVO case.

After you have signed your application, the registry will give you a copy. If you haven’t been given a copy, contact the registry and ask for one.

Sample: ​Application for an Apprehended Domestic Violence Order

Sample: Application for an Apprehended Personal Violence Order

After you have signed the AVO application it must be served on (given to) the defendant.

AVO applications must be served by:

• the police, or
• another person nominated by the court or a registrar.

After you have completed your application, you should ask the registry whether they will arrange for the police to serve the AVO, or whether you need to take it to the police yourself.

Before going to court for the first mention, it is a good idea to call the police and confirm that your application has been served on the defendant. If the police haven’t served or won’t serve your application, you should contact the registry. The registry can send a letter to the police asking them to serve your application, or nominate another person to serve your application for you, for example the sheriff.

The police officer or nominated person that serves the AVO must fill out a 'statement 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.

If there have been problems serving the application, you can apply to the Court for 'substituted service'. Substituted service allows you to serve the defendant's in a different way, for example by sending documents by registered post. 

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

The Court will want to know:

• if you still want an AVO
• how the defendant wants to respond to the application.

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

Before you go to court, you should get legal advice. You may also want to get a lawyer to represent you at court.

The Women's Domestic Violence Court Advocacy Service (WDVCAS) can help women and their children who are, or have been, experiencing domestic and family violence with their legal, social and welfare needs. They may be able to help you with information, representation, and safety planning where appropriate. For more information, see Women's Domestic Violence Court Advocacy Program.

For more information, see Mention (protected person).

If you have left your home because you fear the defendant and you would like to collect some of your belongings, you can ask the Court to make 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 home alone.

For more information, see Property Recovery Order (protected person).