Apprehended violence orders (AVOs) in NSW are Court orders designed to protect individuals from violence, threats, or harassment. Being served with an AVO can feel overwhelming or confusing, especially if you’re unsure what it means or how to respond.

This guide will break down the different types of AVOs, how they work, what conditions may apply, and the legal consequences of breaching them. Whether you’re facing an AVO or simply want to understand the process, we aim to give clear, practical information to help you navigate these orders confidently and know your legal rights.

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WHAT IS AN AVO?

An Apprehended Violence Order (AVO) is a civil court order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) designed to protect individuals from violence, threats, intimidation, or harassment. It places conditions on the defendant’s behaviour to ensure the protected person feels safe. Importantly, an AVO itself is not a criminal conviction or a finding of guilt – but breaching the order is a criminal offence and can lead to charges, fines, or imprisonment.

There are different types of AVOs depending on the relationship between the parties. Whether you are applying for or defending an AVO, understanding the legal framework is crucial.

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WHAT ARE THE DIFFERENT TYPES OF AVOs in NSW?

ADVO – APPREHENDED DOMESTIC VIOLENCE ORDER

An Apprehended Domestic Violence Order (ADVO) applies when there is or has been a domestic relationship between the parties. Section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) defines what type of relationships are considered “domestic”.

This can include the relationship between individuals and their:

• Husband or wife,
• De-facto partner,
• Ex-partner,
• Children,
• Family member,
• Room mate, etc.

Police often apply for ADVOs after attending domestic incidents, and they are frequently made alongside domestic violence-related criminal charges. Even if no charges are laid, the ADVO can still proceed as a standalone protective order.

APVO – APPREHENDED PERSONAL VIOLENCE ORDER

An Apprehended Personal Violence Order (APVO) applies when the parties do not share a domestic relationship. For example, neighbours, co-workers, acquaintances, or strangers.

APVO’s are usually sought by the person seeking protection, although police can apply in certain situations. These orders aim to prevent physical violence, intimidation, stalking, or harassment by placing restrictions on the defendant’s’ behaviours. While APVOs are civil orders, breaching one is a criminal offence with significant consequences including being convicted and having the offence stated on your criminal record.

POLICE VS PRIVATE AVO APPLICATIONS

There are two main types of AVO applications: police-initiated and private. Police applications occur when officers apply for an AVO on behalf of the protected person, often following a domestic or violent incident. Importantly police can proceed even without the complainant’s consent if they believe there is a risk to the person’s safety.

Private applications are made directly by the person seeking protection, usually in non-domestic settings like disputes with neighbours or colleagues. Both pathways involve the Court assessing the application to determine if an AVO is necessary to prevent future harm.

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WHO CAN APPLY FOR AN AVO, AND WHY?

An AVO can be applied for by police officers, the protected person, or in some cases, a guardian or legal representative. Common reasons for seeking an AVO include threats of violence, physical assault, intimidation, stalking, harassment, or ongoing verbal abuse. The applicant must show the Court that they have reasonable grounds to fear future harm or violence if the order is not made. The Court assesses all circumstances carefully, including the history of the relationship, the nature of the threats or conduct, and any risk factors present. Legal advice can be crucial in preparing or defending an application.

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WHAT HAPPENS AFTER AN AVO IS APPLIED FOR?

THE APPLICATION PROCESS

An AVO application can be made by police (on behalf of the complainant) or privately by an individual applying directly to the Court. Once the application is filed, the Court may issue a provisional or interim AVO. There are 3 types of AVOS:

• Provisional AVO: A temporary order made urgently by police or the Court to provide immediate protectional until the next Court date.
• Interim AVO: A short-term order made by the Court as the case proceeds through the Court system.
• Final AVO: A long-term order made after the Court determines the matter or if both parties consent.

Once the application is served on the defendant, they are given a Court date and must comply with any temporary conditions imposed. It’s important to understand that the process is civil, but any breach of an AVO (even interim) becomes a criminal matter.

THE FIRST COURT APPERANCE

At the first mention, the defendant has several options. They can consent to the AVO without admissions, this means to agree to the order but not admit to any wrongdoing. They can also contest the AVO and proceed to a hearing, or ask for an adjournment to obtain legal advice and prepare a defence. During this time the Court will also set a timetable for next steps, this includes deadlines for prosecution and defence to file and serve their evidence.

It’s crucial for anyone facing an AVO to engage a lawyer early, as legal representation can guide the defendant on the best course of action and ensure their interests are protected.

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WHAT CONDITIONS CAN BE INCLUDED IN AN AVO?

STANDARD CONDITIONS

All AVOs automatically include condition 1 which states:

“The defendant must not do any of the following to the protected person or anyone the protected person has a domestic relationship with:

a) assault or threaten them,

b) stalk, harass or intimidate them, or

c) intentionally or recklessly destroy or damage any property or harm an animal that belongs to or is in the possession of them.”

ADDITIONAL/SPECIFIC CONDITIONS

The Court may impose additional conditions, depending on your specific case and circumstances.

These additional conditions can include:

• No contact,
• Exclusion from home,
• Not school/work,
• Surrender firearms,
• Not approach for at least 12 hours after drinking alcohol,
• Many others.

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WHAT HAPPENS IF YOU BREACH AN AVO?

While AVOs are civil orders, breaching one is a criminal offence with significant consequences. The offence of contravening an apprehended violence order is listed under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) which carries a maximum penalty of a term of 2 years’ imprisonment and/or a fine of up to $5,500.00.

Courts take breaches extremely seriously, especially when the breaches are continually. Although being served with an AVO against you isn’t a criminal offence, a breach is, and can result in you being convicted and having a criminal record.

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HOW LONG DOES AN AVO LAST?

An Apprehended Violence Order (AVO) can be made on an interim or final basis. Interim AVOs last until the Court makes a final decision and are usually issued to provide temporary protection for the complainant. Final AVOs are typically issued for a term of 12 months but can be made for longer – especially where there’s ongoing risk. The Court has discretion to set the duration based on the evidence and the circumstances of the case.

If new incidents occur, the order can be extended or varied. It’s important to note that breaching an AVO remains a criminal offence, regardless of how long the order is in place.

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CAN YOU DEFEND OR DIMISS AN AVO?

Yes, an AVO can be challenged in Court. If you’ve been served with one, you have 3 main legal responses.

1. Consent to AVO without admissions: This is when you agree to the order but do not admit to any wrongdoing, this is often used to avoid drawn-out proceedings.
2. Contest the AVO at a hearing: This is when both parties present evidence at a hearing in which the Court decides whether an AVO is necessary.
3. AVO dismissed: This is when there is insufficient evidence against you or no reasonable basis for the order.

The best approach depends on the allegations, available evidence, and your personal circumstances. In some cases, negotiating for limited conditions may be more practical than a full hearing. Legal advice is crucial to help you understand the risk and benefits of each strategy and to ensure your rights are protected.

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WHAT TO DO IF YOU’VE BEEN SERVED WITH AN AVO

If you’ve been served with an AVO, its critical that you do not breach any conditions, even by accident. Breaching an AVO is a criminal offence and Courts treat it seriously – even if the protected person initiates contact. It’s wise to keep a written record of all interactions, messages, or incidents, and avoid any direct or indirect communication with the protected person. Seek legal advice immediately to understand the conditions, prepare your response, and explore your legal options.

Being served with an AVO does not mean you are guilty of any offence, but the Court can still make an order if they believe there is a risk of harm. A criminal defence lawyer can help you contest the order, negotiate amended conditions, or consent without admissions. Acting quickly and carefully is the best way to protect yourself and your rights.

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NEED HELP WITH AN AVO IN NSW?

If you’ve been served with an AVO or need advice about applying for one, it’s important to get legal advice tailored to your situation. AVOs can have serious consequences if breached, and understanding your rights, options, and responsibilities is key to protecting your future. At Faraj Defence Lawyers, we have extensive experience assisting clients with Apprehended Domestic Violence Orders (ADVO’s), Apprehended Personal Violence Orders (APVO’s), and AVO breach charges.

Whether you’re trying to defend an order, apply for a variation, or understand the conditions imposed, our defence lawyers can guide you through every step of the process. You don’t have to face an AVO matter alone, contact us today for your first, free initial consultation.