An Apprehended Violence Order (AVO) is a court order made to protect a person who fears another person may commit violence, intimidation, harassment, or stalking behaviour against them.
In New South Wales, AVOs are governed by the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
The person seeking protection is called the protected person, while the person the AVO is made against is known as the defendant.
An AVO does not mean that a person has committed a criminal offence. However, breaching an AVO is a criminal offence and can result in serious penalties, including fines, a criminal conviction, and imprisonment.
How Is an AVO Made in NSW?
An AVO application can be made by:
- A police officer;
- The person seeking protection; or
- A lawyer acting on behalf of the person seeking protection.
Police may apply for an AVO where they believe a person faces an immediate risk of domestic violence and requires protection. In urgent situations, police can apply for a provisional AVO without following the usual application process.
The Court can also make an interim AVO when immediate protection is required. An interim order may be made without the defendant being present, particularly where serious allegations such as assault or domestic violence are involved.
Types of AVOs in NSW
There are two main types of AVOs in New South Wales. The type of AVO depends on the relationship between the protected person and the defendant.
| Type of AVO | When It Applies |
|---|---|
| Apprehended Domestic Violence Order (ADVO) | Applies where the parties are related, married, in a de facto relationship, previously in a relationship, or living together. |
| Apprehended Personal Violence Order (APVO) | Applies where the parties are not related and do not have a domestic relationship, such as neighbours, colleagues, or acquaintances. |
You can learn more about AVO processes through the Local Court of NSW.
What Conditions Can an AVO Include?
An AVO can include conditions that restrict the defendant’s behaviour to protect the protected person and any children involved.
Common AVO conditions may prevent a person from:
- Assaulting or threatening another person;
- Harassing, intimidating, or stalking another person;
- Contacting or approaching the protected person;
- Going near certain locations, including a home or workplace; and
- Associating with specific people.
The Court decides which conditions are appropriate based on the circumstances of each case.
What Happens If I Receive an AVO Application?
If someone applies for an AVO against you, you will usually receive documents explaining the allegations and the date of your Court hearing.
You should obtain legal advice as soon as possible. An AVO can affect your family life, employment, and future legal matters.
You generally have two options:
| Option | What It Means |
|---|---|
| Consent to the AVO | You agree to the order being made but do not admit the allegations. |
| Oppose the AVO | You dispute the application and ask the Court to decide whether the order should be made. |
Before consenting to an AVO, it is important to understand the consequences. Although consenting is not an admission of guilt, the order may still affect areas such as parenting arrangements, employment, and firearms licences.
How Does a Court Decide Whether to Make an AVO?
At an AVO hearing, the protected person must generally prove that they have reasonable grounds to fear:
- Personal violence;
- Intimidation; or
- Stalking behaviour.
The Court applies the balance of probabilities test. This means the Court must decide whether the alleged behaviour is more likely than not to have occurred.
The Court considers evidence from both parties, which may include:
- Written statements;
- Messages, photographs, or other documents;
- Police records; and
- Oral evidence given during the hearing.
What Happens If an AVO Is Made Against Me?
If the Court makes an AVO against you, you must follow every condition included in the order.
An AVO itself is not a criminal offence. However, breaching an AVO is a criminal offence and may result in:
- A criminal conviction;
- Significant fines; or
- Imprisonment in serious cases.
An AVO may also have consequences for:
- Family law parenting proceedings;
- Employment opportunities;
- Professional licences; and
- Firearms ownership.
Can an AVO Affect Parenting Matters?
AVOs often arise alongside family law disputes. However, an AVO should not be used unfairly to prevent a parent from spending time with their children.
The Court will consider whether an AVO application is necessary for protection or whether it has been brought for an improper purpose.
Unnecessary AVO proceedings can increase legal costs and create further conflict between parties.
How Can an AVO Lawyer Help?
An experienced AVO lawyer can assist by:
- Reviewing the allegations against you;
- Explaining your legal options;
- Preparing evidence and submissions;
- Negotiating appropriate conditions; and
- Representing you at Court.
Obtaining legal advice early can help you make an informed decision about whether to consent to, negotiate, or oppose an AVO application.
Conclusion: Understanding AVOs in NSW
An Apprehended Violence Order (AVO) helps protect people who fear violence, intimidation, harassment, or stalking. However, an AVO can also have serious consequences for the person it is made against.
If you have received an AVO application or need advice about opposing an AVO in NSW, obtaining legal assistance early can help protect your rights and interests.
This information is general in nature only and does not constitute legal advice. You should obtain professional advice relevant to your circumstances before taking any action.
If you or someone you know wants more information or needs help or advice, please contact us on (02) 9818 2888 or email [email protected].