APPREHENDED VIOLENCE ORDERS (AVOs) | APPREHENDED DOMESTIC VIOLENCE ORDERS (ADVO)
When it comes to Apprehended Violence Orders (AVOs) in NSW, the legal process can be overwhelming and emotionally charged. At AMA Legal, our DV lawyers provide clear, practical advice for those defending AVO applications.
We understand how deeply AVOs can affect your life — from your freedom and family to your future. That’s why our DV lawyers approach each case with empathy, efficiency and an unwavering commitment to your legal rights.
Whether you’re facing an Apprehended Domestic Violence Order (ADVO) or an Apprehended Personal Violence Order (APVO), our team of domestic violence lawyers is here to guide you through every stage with experienced representation and tailored legal service Sydney.
WHAT IS AN APPREHENDED VIOLENCE ORDER (AVO)?
Under the Crimes (Domestic and Personal Violence) Act 2007, an AVO is a court order intended to protect an individual from threats, violence, harassment, intimidation, or stalking.
There are two types of AVOs in NSW:
- Apprehended Domestic Violence Order (ADVO): for people in a domestic relationship (e.g., partners, ex-partners, family members, or housemates).
- Apprehended Personal Violence Order (APVO): for people who are not in a domestic relationship (e.g., neighbours, acquaintances, co-workers).
An AVO is not a criminal conviction, but breaching an AVO can lead to criminal charges which carry custodial sentences.
TYPES OF APPREHENDED VIOLENCE ORDERS
APPREHENDED DOMESTIC VIOLENCE ORDERS | ADVO
The first time of AVO is an Apprehended Domestic Violence Orders (ADVO) apply to people who are or were in a domestic relationship.
APPREHENDED PERSONAL VIOLENCE ORDER | APVO
The other type of AVO is an Apprehended Personal Violence Orders (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:
- Partners whether married or de facto, or
- People in intimate personal relationship, or
- People living in or having lived in the same household, or
- Relatives.
CPDVA also defines other relationships as being domestic.
WHO CAN APPLY?
An AVO application can be made:
- Directly by an individual through the Local Court or
- By NSW Police on behalf of the person in need of protection (PINOP).
In most cases, the police issue a provisional AVO, which is effective right away and lasts until the substantive application or its related criminal charges are determined by the court.
AVO Court Process: What To Expect
When the Provisional Apprehended Violence Order (AVO) or the application for the AVO is served on the Defendant, the Defendant must attend Court on the specified date.
On the first Court date, the Defendant will have following options:
- You may consent—without making any admissions—to the making of the AVO on a final basis for a specified period of time, which will ultimately conclude the matter, or
- Contest the making of the AVO, or
- Seek a short adjournment to obtain legal advice.
If the Defendant contests the AVO, then the Court will usually make orders for filing and service of statements and evidence which is usually in the following manner:
- Applicant to file and serve their evidence within 2 weeks,
- Defendant to file and serve their evidence within a further 2 weeks, and
- The matter is listed for Compliance mention within a further week.
At the Compliance mention, if the Court is satisfied that the parties have filed and served their evidence, then the Court will list the matter for hearing.
What Does The Court Consider?
To make an AVO, the court must be satisfied that:
- The protected person has reasonable grounds to fear and, in fact, fears that the other party will commit domestic or personal violence against them.
If the court is satisfied, it will make a final AVO and impose:
- A mandatory condition preventing the defendant from assaulting, threatening, stalking, harassing or intimidating the protected person or damaging their property.
- Any additional conditions the court deems necessary based on the individual situation.
Breaching An AVO: Serious Legal Consequences
Even though an AVO itself is not a criminal charge or conviction, violating its conditions may result in criminal charges and punishments such as:
- Up to 2 years in jail and/or
- Fines up to $5,500
If the breach involves violence, courts are required to consider custodial sentences unless there are good reasons not to impose a custodial sentence.
Breaches can also impact family law proceedings, such as parenting arrangements and custody disputes.
Frequently Asked Questions About Apprehended Violence Orders
What is an Apprehended Violence Order?
An Apprehended Violence Order (AVO) is a legal order issued by a court to protect someone from another person’s violence, threats, intimidation, stalking, or harassment. It sets out conditions that the defendant must follow.
What does AVO stand for?
AVO stands for Apprehended Violence Order. It is a court order made by a magistrate to protect someone from violence, threats, stalking, harassment, or intimidation. The order places restrictions on the behaviour of the person it is made against.
How long does an AVO last in NSW?
A provisional AVO is enforceable upon service on the defendant and lasts until the matter returns to Court.
After the first Court date, the provisional order continues as an interim AVO until the next Court date unless finalised by the Court.
A final AVO lasts for the period specified by the Magistrate. AVOs typically last for 2 years in NSW.
Can The Court Change or Remove an AVO?
Yes. Either party can apply to the Local Court to vary or revoke a final AVO. However, the court will only vary or revoke an AVO if it finds that circumstances have changed and the variation is appropriate in the circumstances.
WHY CHOOSE AMA LEGAL?
Our DV Lawyers have:
- Extensive knowledge of AVO defence and application matters
- Skill in handling both ADVO and APVO cases
- Integrated knowledge across criminal, traffic, and family law services
- Clear communication skills offering practical guidance, and strong courtroom advocacy
Our dedicated DV lawyers stand beside you, whether you seek advice or need a fair defence. We act swiftly and strategically to secure the best possible outcome for your future.
RELATED ⇒ Breach of AVO NSW
Breaching the conditions of an AVO is a serious offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Any breach of AVO conditions may result in criminal charges.
Learn more about breach of AVO offences in NSW.
RELATED ⇒ Legal Representation in AVO Proceedings
If you’ve been served with an AVO or are facing a court hearing, having experienced criminal law representation can make a significant difference in the outcome. A skilled lawyer can advise you on your rights, help negotiate conditions, and represent you effectively in court.
Learn more about legal representation in AVO proceedings.
For a consultation with a Criminal Lawyer, call AMA Legal on (02) 8610 3764.
