What is an AVO

An Apprehended Violence Order (AVO) is a civil order which aims to modify the behaviour of an individual to protect another person from violence or abuse directed towards them from the particular individual. The mechanisms of application and operation of AVOs are governed by Crimes (Domestic and Personal Violence) Act 2007 (CDPVA).

There are two types of Apprehended Violence Orders (AVO):



Apprehended Domestic Violence Order (ADVO) apply to people who are or were in a domestic relationship.



Apprehended Personal Violence Order (APVO) apply to people who are not in a domestic relationship.

Definition of Domestic Relationship

Section 5 CDPVA defines the following as people in a domestic relationship:
There are other relationships which also come within the ambit of domestic relationship not mentioned above.

Who can apply

An individual can apply for an Apprehended Violence Orders (AVO) by application to the Local Court or CDPVA allows NSW Police to apply on behalf of person in need of protection (PINOP).
The NSW Police have the power to apply to the Local Court for an AVO and issue a provisional AVO which will be binding on the receiving party (Defendant) until the matter is decided by the Court. Court process

Court process

When the Apprehended Violence Orders (AVO) is served to the Defendant, the Defendant must attend Court on the date specified in the AVO application.
On the first Court date, the Defendant has the following options:
If the Defendant contests the AVO application, the Court will usually make orders for filing and service of statements also referred to setting a timetable which usually includes the following orders:
At the Compliance mention, if the Court is satisfied that the parties have complied with the timetable, the matter is listed for a show cause hearing. Get help from AVO lawyers in Sydney now!


At the show cause hearing, the evidence in chief is usually given by the written statements and the parties are afforded an opportunity to cross examine the person who have provided written statements.
When determining whether or not to make an AVO the Courts consider sections 16 & 17 CDPVA for ADVO and sections 19 & 20 for APVO.
If the Court is satisfied, on balance of probabilities, that a person has reasonable grounds to fear and in fact fears commission of domestic violence or personal violence offences against them, then the Court will make the AVO.
When granting the AVO, the Court must impose the mandatory condition below and the Court has the power to impose further conditions as it deems appropriate.
The mandatory condition of any AVO is as follows:

Breaches of AVO

While the making of an AVO does not lead to a criminal record for the Defendant, any breaches may constitute a criminal offence contrary to section 14(1) CDPVA which carries a maximum sentence of up to 2 years jail and/or fines of up to $5,500.00.
If the breach of AVO includes actual violence, the Courts are mandated to impose a custodial sentence on finding of guilt unless the Court thinks otherwise.
A person who has had an AVO against them will not be able to obtain a Firearms licence or a security license and the AVO may also impact the person ability to obtain certain types of employment.
An ADVO may also impact any family law proceeding between the parties. Getting help from an experienced AVO solicitor in Sydney can get you better results.

Variation of AVO

The Defendant, in certain circumstances, may make a AVO variation application to the Court. Whether or not a Defendant can make a variation application will depend on factors such as type of AVO or if children are named as PINOPs or whether there has been change in circumstances.
The above should not be treated as legal advice but general information.

Request Call Back!