Apprehended Violence Orders (AVOs) in NSW

An Apprehended Violence Order (AVO) is a court order designed to protect a person from violence, threats, intimidation, stalking or harassment.

An AVO places restrictions on the behaviour of another person to prevent further harm and protect the safety of those involved.

Although an AVO is a civil court order and does not amount to a criminal conviction, breaching an AVO is a criminal offence that can carry serious penalties, including imprisonment.

In New South Wales, AVOs are governed by the Crimes (Domestic and Personal Violence) Act 2007.

There are two types of Apprehended Violence Orders in NSW.

An ADVO applies where the people involved are, or have previously been, in a domestic relationship.

This includes relationships between:

An ADVO may be sought where a person fears violence, intimidation, stalking or other threatening behaviour from someone with whom they have a domestic relationship.

An APVO applies where the parties do not have a domestic relationship.

These applications commonly arise from disputes involving neighbours, work colleagues, acquaintances or other individuals.

For example, an APVO may be sought where a dispute between neighbours has escalated into threats, stalking or intimidation.

An application for an AVO can be made by the NSW Police or, in appropriate circumstances, by a private individual through the Local Court.

Police may apply for an AVO following an incident involving alleged domestic violence, threats or intimidation.

A person who fears for their safety may also apply directly to the Local Court. This is known as a private AVO application.

There are special rules where children are involved. In particular, where every person involved in the proposed order is a child, the application must be made by police.

An AVO is not automatically granted simply because an allegation has been made.

Generally, the Court must be satisfied that the person seeking protection genuinely fears violence, intimidation or stalking, and that there are reasonable grounds for that fear.

The Court considers the circumstances of the case, including the nature of the alleged conduct and whether an order is necessary to protect the person concerned.

The standard of proof is the balance of probabilities. This means the Court must be satisfied that the relevant matters are more likely than not to be true.

Importantly, actual physical violence does not need to have occurred. Threatening behaviour, intimidation, stalking or harassment may be sufficient.

There are also exceptions to the requirement that a person must actually feel fear, particularly where children or other vulnerable individuals are involved. Special rules also apply to certain domestic violence circumstances.

Every AVO contains mandatory conditions preventing the defendant from:

These conditions also extend protection to people who have a domestic relationship with the protected person.

Depending on the circumstances, the Court may impose additional restrictions, including prohibiting the defendant from contacting or approaching the protected person, attending their home or workplace, or attempting to locate them.

An AVO may also prevent the defendant from approaching the protected person within a specified period after consuming alcohol or taking illicit drugs.

Not every AVO contains a no-contact condition. The restrictions imposed will depend on what the Court considers necessary for the protection and safety of those involved.

An AVO can be made on a temporary basis before the Court has reached a final decision.

A provisional AVO is generally sought by police where immediate protection is considered necessary. It may be made before the defendant has had an opportunity to respond to the allegations.

An interim AVO is a temporary order made by the Court while the application is awaiting its final determination.

An interim order may be made even where the defendant disputes the allegations.

The purpose of these orders is to provide protection while the legal proceedings are ongoing. A temporary order does not mean that the Court has made a final determination about the allegations.

When an AVO application is made, the matter is listed before the Local Court.

At the first court appearance, a defendant will generally have three options.

The defendant may request an adjournment to obtain legal advice before deciding how to respond to the application.

A defendant may agree to an AVO being made without admitting that the allegations are true.

This is commonly referred to as consenting without admissions.

The Court can make a final AVO without conducting a contested hearing. However, the defendant will still be legally required to comply with all conditions of the order.

Consenting without admissions is not necessarily appropriate in every case, particularly where the order may affect employment, family arrangements or other legal proceedings.

A defendant who disagrees with the application may oppose the making of an AVO.

The matter will generally be adjourned so that the parties can prepare evidence and written witness statements.

The Court will then determine whether the application should proceed to a contested hearing.

At a contested hearing, the Court considers the evidence presented by both parties.

Evidence may include witness statements, text messages, photographs, electronic communications, CCTV footage and other relevant material.

Witnesses may be questioned about their evidence, and both parties have an opportunity to present their case.

The Court must then decide whether the legal requirements for an AVO have been established and, if so, what restrictions are necessary.

If the application is successful, the Court may make a final AVO.

If the Court is not satisfied that an AVO should be made, the application may be dismissed.

Yes. Some AVO matters can be resolved through negotiation or by agreement between the parties.

For example, the defendant may agree to an AVO without admitting the allegations, potentially avoiding the need for a contested hearing.

In APVO matters, the Court will generally consider referring the dispute to mediation through a Community Justice Centre unless there is a good reason not to do so.

Mediation may be appropriate for certain neighbourhood or interpersonal disputes. However, it may not be suitable where there has been violence, intimidation or a significant risk to someone's safety.

The duration of an AVO depends on the type of order and the particular circumstances.

For an ADVO, the usual default period is:

For an APVO, the default period is 12 months.

These are default periods only. The Court may make an order for a longer or shorter period where appropriate.

In particularly serious domestic violence matters involving a significant and ongoing risk of death or serious harm, the Court may make an ADVO for an indefinite period.

No. The making of an AVO does not, by itself, result in a criminal conviction.

However, an AVO can still have significant practical consequences.

Depending on the circumstances, it may affect employment, professional licensing, firearms entitlements, living arrangements or family law proceedings.

An AVO may also be made alongside criminal charges arising from the same incident. Those criminal proceedings are separate and may result in a criminal conviction.

For this reason, it is important to understand the potential consequences before agreeing to a final AVO.

Breaching an AVO is a criminal offence.

A breach occurs where a defendant knowingly fails to comply with a prohibition or restriction contained in an enforceable AVO.

For example, where an order prohibits contact with the protected person, sending a text message or approaching that person may constitute a breach.

A defendant may face criminal charges and, if convicted, penalties including imprisonment.

Importantly, even where the protected person initiates contact or agrees to meet, this does not automatically permit the defendant to disregard the conditions of an AVO.

The defendant must comply with the order unless and until it is lawfully changed or revoked.

Yes. An application may be made to the Court to vary or revoke an existing AVO.

A variation may involve changing the conditions, extending or reducing the duration, or removing certain restrictions.

The Court will consider whether the proposed change is appropriate, particularly having regard to the safety and protection of the protected person.

An application to vary or revoke an order will not necessarily succeed simply because the parties have reconciled or no longer wish the order to remain in place.

Special requirements apply where children are protected by an AVO or where an indefinite ADVO has been made.

A person who disagrees with a decision to make an AVO may have a right to appeal to the District Court of NSW.

An appeal may also be available where an AVO application is dismissed or where the Court makes certain decisions about varying or revoking an order.

However, lodging an appeal does not automatically suspend the AVO.

The defendant must continue to comply with the order unless the Court grants a stay or the order is otherwise lawfully changed.

AVO proceedings can be stressful, particularly where allegations of violence or intimidation are disputed, or where related criminal charges have been laid.

Obtaining legal advice at an early stage can help you understand your rights, obligations and available options.

A criminal lawyer can assist by assessing the allegations, reviewing the available evidence, negotiating appropriate conditions, advising whether to consent or contest the application, and representing you at Court.

Legal representation can also be important where an AVO may affect your employment, ability to remain in your home, or arrangements involving children.

If you have been served with an AVO, are facing related criminal charges or wish to contest an application, obtaining legal advice before your court date can help protect your interests.

This information is general in nature and does not constitute legal advice. The appropriate approach to an AVO depends on the circumstances of each individual case.