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Who is protected by an AVO?

  • The mandatory (standard) conditions included in an AVO automatically cover you as the protected person.
  • The court can and usually will extend this protection to include any person who is in a domestic relationship with you.
  • Domestic relationship has a very broad meaning and includes:
    • marriage, de facto and intimate (close personal) relationships;
    • anybody who lives or has lived in the same household with you;
    • anybody who has a relationship of dependence with you. This means anybody who depends on your care or whose care you depend on;
    • your relatives by blood or marriage; and
    • anybody who is your kin according to the Indigenous kinship system.
  • Apprehended domestic violence orders must specifically protect any child who is in a domestic relationship with you unless the court thinks there are good reasons for this not being done.
    • The court must tell you what those reasons are.
    • The court can make an AVO allowing contact under a Parenting Order to continue between the children and the named person.
    • If the court feels that the children’s safety is threatened it has the power to amend the Parenting Order as well as preventing contact through the AVO.

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