How does an AVO protect you?
An Apprehended Violence Order can exclude the defendant from premises, even if the defendant has an interest in the premises.
Each family Apprehended Violence Order has conditions to stop the respondent (the person the application or order is against) from using family violence. Conditions are rules that restrict the respondent’s behaviour.
There are conditions listed on the application form for an Apprehended Violence Order. They include stopping the respondent from:
- committing family violence against the protected person,
- damaging the protected person’s property or threatening to do so,
- following the protected person or keeping them under surveillance,
- publishing on the internet or by email or other electronic communication any material relating to the protected person or pretending it comes from the protected person,
- approaching or remaining within a certain distance of the protected person,
- going near the protected person’s home or work or
- causing another person to behave in a way that is covered by the order.
The applicant (person applying for an intervention order) can also ask the magistrate to order the respondent to:
- return the personal property of the protected person or a family member,
- return jointly owned property that allows the protected person’s everyday life to continue with little disruption,
- hand in any firearms or weapons to police or
- suspend or cancel any firearms authority, weapons approval or weapons exemption.
The applicant can choose as many conditions as they like from the list. The applicant can also talk to the court registrar if they want to:
- include any other conditions that will make the affected family member feel safe or
- apply the conditions to a respondent’s associate (a person the respondent can influence to act for them).
If necessary, the conditions of an Apprehended Violence Order can be tailored to cater for situations where the parties wish to maintain contact.