What is an Interim or Short Term AVO?

If someone applies for an AVO against you, or the police apply on their behalf, you may be served with an interim or short term AVO while the matter is being dealt with further.

An interim AVO is similar to a full AVO in so far as it restricts your behaviour and the contact you have with the protected person.

It is often called a ‘telephone AVO’ and is usually applied for by police on behalf of the protected person.

An interim AVO normally only lasts until the first court date, at which time the court will decide whether the adjourn the matter and issue a provisional AVO as the case proceeds, not issue an AVO at all, or issue a final AVO.

If you are facing a potential AVO and the matter is being heard at court it is essential that you attend your scheduled appearance.

If you are planning to defend yourself you will need to be there, and if you do not attend the matter could be dealt with in your absence regardless.

What are the conditions of a short term AVO?

An interim AVO will generally have similar conditions to a full AVO.

The specific restrictions will depend on the individual circumstances, but in general if you have been issued with a short term AVO the amount and type of contact you have with the protected person and anybody they reside with will be restricted.

This could mean that you will need to find somewhere else to live, you may not be able to see your children, and you may not be allowed to go within a certain distance of the other person.

How long does an interim AVO usually last?

An interim AVO is temporary and lasts until the first court date.

At this time, the court will decide whether to grant a provisional AVO until the matter is finalised, or not grant an AVO at all, or to grant a final AVO.

What happens if I breach the conditions of an interim AVO?

If you don’t abide by the conditions of your interim AVO you could face a criminal charge for contravening an AVO.

This offence carries a maximum penalty of 2 years in prison.

How can I contest an AVO that is being made against me?

When you are served with an AVO you have the choice to either accept the conditions (which doesn’t mean admitting to any charges made against you) or to challenge the AVO.

If you are planning to challenge an AVO that is being made against you, it is important that you seek advice from a criminal lawyer.