A police officer may apply for a provisional AVO by way of telephone, fax or other means of communication, to a senior police officer or an authorised officer. This action can be taken at the request of the Protected Person, that is, the person who is in fear of their safety, or upon the officer’s own initiative.
The application can be made if an incident occurs involving the Protected Person and another, and if the police officer has reason to believe a provisional order is required immediately for the safety of the Protected Person or their property.
There are certain instances where an application for a provisional order must be made. This includes where the police officer investigating an incident believes:
- A domestic violence offence, and/or an act of stalking or intimidation with the intent to cause fear or harm against the Protected Person has already occurred or is expected to occur; or
- An offence of child abuse has already occurred or is expected to occur against a child who would otherwise be protected under an AVO; or
- Legal proceedings have already been brought in relation to offences referred to above; and
- The police officer has reason to believe that immediate protection under a provisional order is necessary.
A police officer does not have to make an application for a provisional order in some circumstances, such as when there is good reason not to do so (and these reasons must be officially recorded) or if the Protected Person intends to make their own application for an AVO.
The police officer will personally serve the provisional order on the party against who the order is made and the Protected Person, as soon as possible.
A provisional order remains in force until midnight on the 28th day after the order is made unless it has been revoked or if a Court application for a final AVO has been withdrawn or dismissed.
If you require assistance with an AVO matter, you may wish to contact our office and arrange an appointment to see one of our AVO Solicitors in our Sydney office.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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