Understanding Apprehended Violence Orders (AVOs)
Between July 2022 and June 2023, 1,248 Apprehended Violence Orders (AVOs) were issued in the Blacktown Local Government Area, according to the NSW Bureau of Crime Statistics and Research. Of these, 1,198 were domestic violence-related and 50 were personal violence-related.
This article explains the types of AVOs in New South Wales, the role of AVO lawyers, and the consequences of breaching an AVO — from the perspective of a criminal lawyer in Blacktown.
What Is an Apprehended Violence Order?
An Apprehended Violence Order (AVO) is a civil court order designed to protect individuals from violence, intimidation, or harassment. It legally restricts the behaviour of the person the order is made against. The mechanisms of application and operation of AVOs are governed by Crimes (Domestic and Personal Violence) Act 2007 (CDPVA).
Types of AVOs in NSW
There are two main types of Apprehended Violence Orders:
1. Apprehended Domestic Violence Order (ADVO)
An ADVO applies to individuals who are or were in a domestic relationship with the protected person. Domestic relationships include:
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Married or de facto partners
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People in an intimate personal relationship
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Members of the same household
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Family or relatives
2. Apprehended Personal Violence Order (APVO)
An APVO is made where there is no domestic relationship between the parties — for example, between neighbours, co-workers, or acquaintances.
Who Can Apply for an AVO?
AVO applications can be made by:
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NSW Police on behalf of a person in need of protection (PINOP)
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Individuals directly by applying to the Local Court
Police may also issue a provisional AVO, which takes immediate effect and remains in place until the court makes a final decision.
If you have been issued with a provisional AVO or an AVO application, you should seek legal advice.
The Role of an AVO Lawyer
An experienced AVO lawyer in Blacktown can play a crucial role in guiding and defending individuals served with an AVO. Key responsibilities include:
Legal Advice
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Reviewing the AVO application and supporting evidence
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Advising whether to defend the AVO or consent without admissions
Preparing Evidence
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Assisting the defendant in preparing affidavits and witness statements
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Gathering evidence to challenge the grounds of the application
Negotiation
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Engaging with NSW Police or Domestic Violence Liaison Officers (DVLOs) to negotiate to vary or revoke the AVO
Court Representation
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Appearing in the Local Court or other NSW courts to represent the defendant
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Arguing against the making of the final order if appropriate
What Happens if You Breach an AVO?
While having an AVO is not a criminal conviction, breaching an AVO is a criminal offence under section 14(1) of the CDPVA. The maximum penalty includes:
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Up to 2 years imprisonment and/or
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Fines of up to $5,500
If the breach involves actual violence, the court is required to impose a custodial sentence, unless the Court thinks otherwise.
Conclusion
An AVO is a strong order and breaches may lead to serious consequences including imprisonment. For a free confidential consultation with an AVO Lawyer in Blacktown contact AMA Legal.
