A provisional AVO typically lasts until it is revoked by a court, the court makes an Interim or Final AVO, if defendant didn’t go to court, or until the AVO is dismissed or withdrawn.
Knowing how long it would last is important if you are a victim of violence or have been served with an AVO.
Provisional AVO Defined
A Provisional AVO (Apprehended Violence Order) is a temporary court order that is put in place to protect a person from violence, threatening behaviour, or harassment.
A police officer may submit a request for a provisional AVO by phone, fax, or other means of communication to a superior police officer or an authorized officer.
This action may be taken at the request of the Protected Person, the person who fears for their protection, or on the initiative of the officer.
The application may be made if an incident involving the Protected Person and another person occurs and if the law enforcement officer has reason to believe that an immediate provisional order is necessary for the protection of the Protected Person or their property.
In certain situations, an application for a provisional order must be filed.
This includes the beliefs of the officer conducting the investigation, such as:
- A domestic violence offence, an act of stalking or intimidation with the intent to cause fear or physical injury against the Protected Person, has occurred or is imminent; or
- A child abuse offence has been committed or is anticipated against a minor who an AVO would otherwise protect; or
- The aforementioned offences have already been prosecuted, and the police officer has reason to believe that immediate protection under a provisional order is necessary.
- In certain circumstances, a police officer is not required to apply for a provisional order, such as when there is a valid reason not to (and these reasons must be officially recorded) or when the Protected Person intends to make their own application for an AVO.
As soon as feasible, the police officer will personally serve the provisional order on the party against whom it is issued and the Protected Person.
Provisional AVO Extension
Now that you know how long does a provisional AVO last, you might also want to learn about what happens when it is extended.
The Court can make an Interim AVO in extending a Provisional AVO.
The Court may issue the Interim AVO immediately or request evidence to demonstrate why an Interim AVO is necessary.
The Court may accept various categories of evidence, including an affidavit, a police officer’s written statement, and your oral testimony.
If the defendant has been charged with a severe offence, regardless of whether an application for an Interim AVO has been made, the Court must issue an Interim AVO.
Provisional Order Request During an Active Interim or Final AVO
A police may request a Provisional AVO even if the same defendant already has an Interim or Final AVO.
This could happen if the same defendant is involved in another domestic violence case and the police decide to ask for a new Provisional AVO with new orders.
In that case, applying for a provisional AVO is seen as an application to vary the current order.
It is important to note that a Provisional AVO is not a conviction and does not result in a criminal record.
However, if a Final AVO is granted, it can have serious consequences, including restrictions on your freedom of movement and the right to possess firearms.
If you have been served with a Provisional AVO, seeking legal advice as soon as possible is important to understand your rights and obligations.
An experienced AVO lawyer can help you prepare for the hearing and represent you in Court if necessary.
Need Advice About AVO?
At Justice Family Lawyers, we understand the complexity of AVOs and DVOs, and we are committed to providing our clients with the highest quality legal advice and representation.
Our AVO lawyers and practitioners are highly experienced and knowledgeable, and we are committed to helping our clients receive the best possible outcome.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.