Getting an Apprehended Violence Order (AVO)
What you need to know about getting an AVO against someone, how to apply, and what exclusion orders are
Exclusion orders in Apprehended Domestic Violence Orders (ADVO)
An exclusion order allows you to remain at home as part of an Apprehended Domestic Violence Order (ADVO), and excludes, or removes, the violent person. An exclusion order is one of the conditions which may be applied for in an ADVO. It can prohibit the violent person from living in the home of the protected person.
Is it something for me?
Before applying for an exclusion order, there are a number of questions you should be asking yourself:
- Will you be, and feel, safe if you stay at home?
- Will you be fearful because your partner knows where you are living?
- Would you prefer to stay at home and have the violent person leave?
- Do you have children, and would they be better off remaining at home with you?
- Can you afford to pay the housing costs?
How do I get an exclusion order?
A Magistrate can make an exclusion order if it is requested in the application for an ADVO. It’s important to discuss this option with a lawyer, court support worker or police officer when applying for an ADVO. Sometimes it’s best to get an exclusion order as part of a Provisional Order, which police can apply for following a violent incident.
What's relevant to the Court in making an exclusion order?
The Court considers a number of things in deciding whether or not to make an exclusion order. These are:
- The safety and protection of the protected person and any children living at home, if such an order is not made.
- Any hardship that may be caused by making or not making the order, particularly to the protected person and any children.
- The accommodation needs of all relevant parties, particularly the protected person and any children.
- Any other relevant matter. Remember to report any breaches of the exclusion order to the police.
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