Apprehended Violence Order (AVO) Lawyers Sydney | ADVO & APVO

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Have you had an AVO put against you?

Have you recently found yourself facing the unsettling prospect of an Apprehended Violence Order (AVO)? The experience can be incredibly overwhelming, and at Faraj Defence Lawyers, we understand the emotional toll it can take, which is why you don't have to face it alone. In situations like these, it's crucial to take immediate and informed action. AVOs are intricate legal matters, and responding without expert knowledge can lead to unintended consequences.

Our team of experienced AVO lawyers are here to guide you through the process, ensuring that your rights are protected and you have the support needed during this time. If you or someone you know has had AVO put against them, contact one of our experienced senior lawyers today by calling (02) 8896 6034 or emailing us at

Why choose Faraj Defence Lawyers to help with your AVO

Choosing Faraj Defence Lawyers means choosing a legal team committed to navigating the complexities of your AVO case with confidence and expertise. So how can we help?

  • Efficiently withdrawing AVOs in the early stages, relieving our clients of both legal costs and stress.

  • Persuasively advocating in court to secure orders that compel the opposing side to cover our clients' legal fees.

  • Successfully dismissing AVOs through adept defence strategies, involving strategic cross-examination of the opposing party and their witnesses in court.


Free initial consultation

We understand the importance of an initial assessment, which is why we offer free consultations to discuss the specifics of your case.


Expert Defence Strategies

We craft meticulous defence strategies aimed at securing favourable outcomes, including aiming and securing Section 10 dismissals & non-convictions.


Unwavering Support and Guidance

Unwavering support and guidance from the beginning to the resolution of your case, ensuring you are informed and empowered throughout.


Negotiation Expertise

Our extensive knowledge on dealing with the prosecution has allowed us to develop expert negotiation strategies that will tip the scales in our favour.


Direct Access to Senior Criminal Lawyer

Direct access to a senior criminal lawyer who will oversee your case. Ensuring your matter is handled with the utmost expertise and attention it deserves.


Fixed Fees and Transparent Pricing

We believe in transparency. Our firm operates on fixed fees, providing clarity on costs from the outset. Eliminating any unexpected financial burdens.

What is an Apprehended Violence Order (AVO)?

An Apprehended Violence Order, commonly known as an AVO is a civil court proceeding rather than a criminal one. The primary objective is to impose prohibitions or limitations on an individual, preventing them from engaging in intimidating, harassing, stalking, assaulting, or communicating with the person identified as the 'person in need of protection' in the AVO.

An AVO mandates a court appearance once served and violating an AVO constitutes a serious offence, leading to criminal breach of AVO charges, a matter treated with gravity by the courts.

Apprehended Domestic Violence Order (ADVO)

An Apprehended Domestic Violence Order is a court order that aims to protect a person from domestic violence. It is issued by the court at the request of a person who fears violence or intimidation from their partner or family member. If you are charged with a criminal offence of a domestic violence nature, the NSW Police will immediately put an associated ADVO in place, which will follow the criminal proceedings.

Apprehended Personal Violence Order (APVO)

An Apprehended Personal Violence Order (APVO) is a legal directive designed to provide protection in situations where there is no existing family or domestic relationship between the involved parties. While less common compared to the Apprehended Domestic Violence Order (ADVO), it is essential to address APVOs for individuals who may find themselves charged with such orders.

The application process for an APVO involves taking necessary steps to seek legal protection against potential threats, harassment, or violence from a person outside of a domestic context. Despite its infrequency, understanding the key aspects of APVOs is crucial for those navigating the legal landscape surrounding non-domestic relationships.

How does an AVO work?

When an AVO is served there will always be something called a “Condition 1” which is a mandatory condition that will appear on all AVOs. Every ‘condition 1’ will state that: ‘the defendant must not do any of the following to the protected person/s or anyone that they have a domestic relationship with:

  • Assault or threaten them

  • stalk, harass or intimidate them

  • Intentionally or recklessly destroy or damage any property or harm an animal that belongs to or is in the possession of them.

Additional orders may also be sought, depending on the circumstances of the matter, which include those which prohibit or restrict:

  • Approaches by the defendant to the protected person,

  • Access by the defendant to any premises occupied by the protected person,

  • The defendant from approaching the protected person or their premises within 12 hours of consuming alcohol or drugs

  • The defendant from locating or attempting to locate the protected person

  • The possession of all or any specified firearms or prohibited weapons

  • Specified behaviour by the defendant that might affect the protected person.

Who can put an AVO against you?

An Apprehended Violence Order (AVO) can be initiated by either the protected person or law enforcement authorities. If an individual feels threatened or endangered by someone's behaviour, they have the option to apply for an AVO to seek legal protection. Additionally, the police can also take the initiative to apply for an AVO on behalf of the person at risk.

How can you respond to an AVO?

There are essentially two options for a defendant served with a stand-alone ADVO:

  • The defendant can consent to the order (which can be done without any admissions of wrongdoing), and the order will be made final, or

  • The defendant can contest the order. Where the defendant opposes the order, the matter will be set down for a contested hearing, subsequent to the parties serving and filing their evidence in relation to the matter.

What happens if I contravene or breach an AVO?

If you breach the conditions of an ADVO, you can be arrested and charged with a criminal offence, noting breaching an ADVO can result in imprisonment and/or fines. As per section 14 of the Crimes (Domestic and Personal Violence) Act 2007, it is an offence to contravene a prohibition or restriction specified in an apprehended violence order.

A maximum penalty of 2 years imprisonment and/or a $5,500 fine, is applicable.Where the contravention was an act of violence against a person, the offender must besentenced to a term of imprisonment, unless the court orders otherwise. Where the court decides not to do so, it must give reasons.

If you have contravened or breached an AVO, call Faraj Defence Lawyers at (02) 8896 6034 immediately to ensure your rights are protected.

Book a free consultation with our expert AVO Lawyers today

Ready to take the first step in addressing your AVO concerns? Book a free consultation with our expert AVO Lawyers today. Our dedicated team at Faraj Defence Lawyers is here to provide the guidance and support you need during this challenging time. 

Don't leave your future to chance—let us be your trusted ally in securing the best possible outcome for your AVO related case. If you or someone you know has had an AVO put against them, call us now at (02) 8896 6034 for free advice or book a free initial consultation virtually or at our Parramatta Office.

Meet our team

Senior Criminal Lawyer/Principal

Ahmad Faraj

L.L.B, G.D.L.P

A senior criminal lawyer and the principal of Faraj Defence Lawyers. Ahmad is a highly accomplished lawyer in New South Wales, specialising in both criminal and traffic law matters.

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Frequently Asked Questions

Frequently Asked Questions

Faraj Defence Lawyers is a Sydney based law firm specialising in criminal and traffic law matters.

How will an AVO affect my life?

An Apprehended Violence Order (AVO) can have far-reaching consequences that extend into various aspects of your personal and professional life. In personal relationships, an AVO may strain or even sever ties, impacting family dynamics and friendships. Living arrangements might be affected, with restrictions on proximity to the protected person.

Professionally, an AVO can pose challenges, especially in roles involving contact with children, or jobs where a background checks may be required, potentially jeopardising employment or limiting opportunities. Additionally, individuals holding security and firearms licences may face suspension or revocation.

Don't underestimate the importance of professional guidance to safeguard your personal and professional future in the face of an AVO. Seeking legal advice from our expert AVO lawyers can make it much easier to receive a more favourable outcome.

Will I get a criminal record if I have an AVO put against me?

Having an Apprehended Violence Order (AVO) put against you does not automatically result in a criminal record, as an AVO is a civil proceeding rather than a criminal one. The issuance of an AVO itself is not considered a criminal offence; however, contravening or breaching the terms of an AVO can lead to criminal charges.

Under Section 14 of the Crimes (Domestic and Personal Violence) Act 2007, it makes contravening an AVO a punishable offence and is treated seriously by the legal system, individuals found guilty of such breaches may face serious criminal consequences including imprisonment.

How do I defend an AVO?

An ADVO will only be made final if the court is satisfied, on the balance of probabilities, that:

  • The allegation is accepted, and

  • The person in need of protection has a reasonable fear and there is a need for an ADVO.

In defending an ADVO, your lawyer will make arguments against the allegations made against you and then make further arguments as to why an ADVO is not necessary in the circumstances.

In determining whether an ADVO is warranted, the ultimate test is whether the court is satisfied on the balance of probabilities that a person who has or has had a domestic relationship with another person has reasonable grounds to fear, and fears:

  • The commission by the other person of a domestic violence offence against them, or

  • The other person engaging in conduct which amounts to intimidation or stalking them (or a person with whom they have a domestic relationship).What's the process in Revoking and varying AVOs?What are the different stages of AVOs?How long does an AVO last for?Do I need a lawyer for an AVO?

What's the process in Revoking and varying AVOs?

Applications to vary (change or remove conditions) or revoke (i.e., completely remove) may be made to the court. The court will consider the application based on its necessity and any change in circumstances since the ADVO was put in place.

Where this involves a final or interim AVO, the court may decline to hear an application if it is satisfied that there has been no change in the circumstances on which the making of the order was based.

Notably, a person named ‘person in need of protection’ on a provisional ADVO are prevented from making an application to vary or revoke an ADVO, and instead must wait until it is interim or final. However, the defendant is still able to make such an application at this stage.

What are the different stages of AVOs?

There are three different stages of an AVO being:

  • Provisional AVOs (put in place by police on an urgent basis, until the matter goes to court),

  • Interim AVOs (the court can make an interim AVO to ensure the order is applicable until the case finalises), and

  • Final AVOs (the final order imposed by the court if the defendant consents or the court deems it suitable to make the order after it has heard all the evidence and determined that an ADVO is necessary).

How long does an AVO last for?

If you plead guilty to a domestic violence offence, the court will need to make the order of the ADVO final for a period of 6 months to 2 years (sometimes longer if necessary). It is important to note that final AVOs can last for ‘as long as is necessary, in the opinion of the court, to ensure the safety and protection of the protected person’. Where the court does not specify a period in the order, it will remain in force for a period of 12 months, after the date that the final order is made.

Do I need a lawyer for an AVO?

Securing the services of a lawyer is crucial when dealing with an Apprehended Violence Order (AVO), as they provide valuable support, guidance, and legal expertise throughout the entire process. An experienced AVO lawyer serves as your advocate in court proceedings, ensuring that your rights and interests are protected.

A lawyer's knowledge of relevant laws and regulations allows them to provide tailored advice, increasing the likelihood of a favourable resolution. A skilled AVO lawyer can also strategically address evidence, cross-examine witnesses, and present a compelling case on your behalf. With the stakes high in AVO matters, having a dedicated legal professional by your side is an investment in safeguarding your rights and achieving the best possible outcome.

Charged with a criminal or traffic offence? First consultation free. Arrange a conference with us today

Book Here