AVOs in NSW: What They Are and How to Respond

An apprehended violence order (AVO) in NSW is a court order designed to protect a person who fears violence, harassment or intimidation. If you have been named in an AVO application, or you want protection yourself, understanding how AVOs work and how to respond is important, because breaching an order is a criminal offence.

What is an AVO?

AVOs are made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). An order restricts the behaviour of the person it is made against, called the defendant, to protect the person in need of protection. There are two main types:

• Apprehended Domestic Violence Order (ADVO): where the people involved are in a domestic relationship, such as partners, former partners, family members or people who live together.
• Apprehended Personal Violence Order (APVO): where there is no domestic relationship, for example neighbours, co-workers or former friends.

Police can apply for an AVO on behalf of a person, and a person can also apply privately.

Provisional, interim and final orders

An AVO can come in stages. A provisional order is an urgent, short-term order that police can apply for, even outside court hours. It generally lasts until the first court date. An interim order is a temporary court order that can be made to protect someone while the application is dealt with, and it can be made even if you are not at court. A final order is made when the defendant consents, does not attend, or the court decides after a hearing that an order should be made.

Every AVO includes mandatory conditions, which generally prohibit the defendant from assaulting, threatening, stalking, harassing or intimidating the protected person, and from damaging their property. The court can add other conditions, such as limits on contact, approaching the person or their home or workplace, or possessing firearms. Unless the court specifies otherwise, a final ADVO generally lasts two years and a final APVO 12 months.

Why following the order matters

An AVO is not a criminal conviction on its own, but knowingly contravening it is a criminal offence. The maximum penalty for knowingly contravening an AVO is imprisonment for two years, a fine of 50 penalty units, or both. Where the breach is an act of violence, the law generally requires a sentence of imprisonment unless the court records its reasons for departing from that. The protected person cannot give you permission to breach the order. Even if they contact you, you are the one bound by the conditions and you can still be charged.

If you are served with an AVO application

Being served with an application, or with a provisional or interim order, can be stressful. These steps are sensible:

1. Read every page. Check the conditions, the court and the date you must attend.
2. Follow the conditions immediately. An interim or provisional order applies from the time you are told about it, even before you have received legal advice.
3. Get legal advice early. A solicitor can explain your options and the likely consequences, including any effect on firearms licences or employment checks.
4. Attend court on the date set, or have your lawyer attend for you where permitted. If you do not attend, a final order may be made in your absence.
5. Avoid contact with the protected person unless the order clearly allows it.

Your options at the first court date

The first court date is called a mention. At this stage you generally have several choices, and the right one depends on your circumstances:

• Consent without admissions: you agree to the order being made but do not accept the allegations. This is common and can avoid a hearing, but it still results in a final AVO that you must obey.
• Contest the application: you tell the court you will defend the matter. The court will set a timetable for evidence and list the case for a hearing, where the applicant must satisfy the court that an order should be made.
• Seek an adjournment: you ask for more time to get legal advice.

An interim order generally stays in place until the matter is finalised, and if criminal charges are also involved, early advice is even more important.

If an AVO is made against you

If a final AVO is made after you attended court, you can generally appeal within 28 days. If an order was made when you were not present, you may be able to apply to have it set aside or varied. You can also ask the court to vary or revoke an order later, but the court looks closely at whether protection is still needed.

If you need protection

If you fear for your safety, call 000 in an emergency. You can report the behaviour to police, who can apply for an AVO, and services such as Legal Aid NSW can help.

Frequently Asked Questions

Is an AVO a criminal record?

An AVO is a civil order and is not itself a criminal conviction. However, a breach is a criminal offence, and AVOs can still affect some licences, employment checks and immigration matters, so ask a solicitor how it applies to you.

Can the protected person ask the court to cancel the AVO?

The protected person can tell the court that they want the order varied or revoked, but the court makes the final decision. Until the court changes the order, you must keep following it.

Can I still see my children if there is an AVO?

It depends on the conditions. Contact with children may be allowed, restricted or arranged through a third party. Follow the order as written and get advice about applying to change it or about family law options.

What if I think the application is false?

Do not contact the other person to argue. Follow any interim order, get legal advice and consider contesting at a hearing.

This article is general information only and is not legal advice. Laws and processes change, and every situation is different. Speak to a lawyer about your circumstances before you act.