AVOs & VROs
5. Obtaining an AVO Privately
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 26 Jun 2015
- Making an application for an AVO privately will require you to contact the registrar at your nearest Local or Magistrates Court.
- Before you contact the court you should consider your reasons for obtaining an AVO carefully. If your application is unsuccessful you may have to pay the named person’s legal costs.
- If you don’t know whether you should apply for an AVO you should seek legal advice before doing so. A lawyer can assist you with this process. You can find one in your area by using our free Find a Lawyer directory.
- You must explain to the registrar the reasons that you want an AVO in as much detail as you can including:
- the name of the person you want protection from, called ‘the named person’;
- their address;
- their date of birth;
- the relationship between you and the named person;
- the names of anyone else you want protected such other family members living with you;
- details of the incidents that are causing you fear;
- details of any injuries caused by the named person including any medical treatment obtained;
- details of any damage to property by the named person;
- information about the named person’s alcohol or drug use;
- information about the named person’s access to firearms;
- information about the named person’s mental health; and
- information about any previous AVOs that have been made to protect you from the named person.
- The registrar will then ask you to sign the completed application.
- The registrar will issue an application (court document) that will order the named person to come to court.
- If you feel you need immediate protection the registrar can issue an provisional or interim (temporary) AVO to protect you until the application goes to court.
- All applications for AVOs must be served (given personally) to the named person. You should ask the registrar whether they will arrange for the police to serve it on the named person or whether you need to take it to the police yourself.
- You should never put yourself in danger by approaching the person that you are fearful of.
- AVOs are not enforceable until they have been served on the named person.
- A few days before attending court you should ask the police to confirm that the application has been served on the named person. If it has not been served you should contact the court registrar and ask that they request the police to serve the application.
- You will be required to attend the court at the time and date specified by the registrar.
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