Provisional orders for an AVO


After the police attend an incidence of domestic violence, they can apply for a provisional order which is a temporary apprehended domestic violence order. (ADVO)

A provisional order can help to protect a family member from violence by ordering a defendant to stop the behaviour which is threatening the other person. Someone who is afraid that domestic violence will occur or recur can also go directly to the police station or the Local Court and apply for immediate protection.

After a provisional order has been granted, a copy will be given to the defendant. The two parties will then be given a date to attend court where the magistrate will decide whether to grant the ADVO.

There are several different types of ADVO that can be made:

Standard Orders

All ADVOs contain standard orders that the defendant must not:

  • Assault, molest, harass, threaten or interfere with the victim
  • Intimidate the victim
  • Stalk the victim

Exclusion Orders

An exclusion order restricts the defendant from living in the home or going near the home.

Property Recovery Orders

A magistrate can also make an order to allow the victim to recover their property from the defendant, or allow the defendant to collect their property from the home.

Other Orders

A court can also make orders to prohibit the defendant from:

  • Approaching or entering places where the victim lives, works or visits regularly
  • Going to the children’s school or child care centre
  • Approaching the victim or places the victim may be after drinking alcohol or taking drugs
  • Possessing any firearms
  • Damaging the victim’s property

 

WHERE TO NEXT?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

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