In situations involving threats, harassment, or violence, an Apprehended Violence Order (AVO) can provide legal protection and peace of mind.
Designed to safeguard individuals from harm, AVOs are a critical part of the legal framework across Australia.
Whether you’re dealing with domestic violence or seeking protection from personal threats, understanding what an AVO is and how it works is the first step toward ensuring your safety.
In this guide, our domestic violence lawyers will break down everything you need to know about AVOs, from the different types available to the steps for applying and the conditions they can impose.
Whether you’re wondering how to get an AVO or exploring whether one is right for your situation, this article will help you navigate the process with confidence and clarity.
Types of AVOs
In New South Wales, Apprehended Violence Orders (AVOs) are legal orders designed to protect individuals from violence, harassment, or intimidation.
Similar to what some states refer to as a family violence order, AVOs provide enforceable protections for those at risk. There are two primary types of AVOs, each tailored to specific circumstances:
1. Apprehended Domestic Violence Order (ADVO)
An ADVO is issued when the individuals involved share a domestic relationship. This can include partners, ex-partners, family members, or others in an intimate or domestic relationship.
For Aboriginal and Torres Strait Islander communities, the definition of domestic relationship extends further to include kin and extended family members, such as cousins, aunts, uncles, grandparents, and grandchildren.
This broader recognition reflects the importance of extended family structures and ensures that ADVOs are accessible in situations where the threat comes from within a wider family network.
ADVOs are commonly sought in cases of domestic violence to protect the safety of the affected person from threats, harassment, or violent behaviour.
2. Apprehended Personal Violence Order (APVO)
An APVO applies to situations where the individuals do not share a domestic relationship.
This type of order is often used to address disputes or threats involving neighbours, colleagues, or acquaintances.
It is specifically designed to prevent personal violence, harassment, or intimidation outside of family or domestic settings.
Both ADVOs and APVOs aim to protect individuals by restricting the actions of the person posing a threat.
They can prohibit contact, enforce physical distance, or include other conditions designed to safeguard the protected person.
It’s worth noting that while New South Wales uses the term “AVO,” other Australian states and territories have their own names for equivalent protection orders.
In Queensland and the Northern Territory, they are known as Domestic Violence Orders (DVOs).
South Australia uses the term Intervention Orders, while the ACT and Tasmania refer to them as Family Violence Orders.
Despite the different names, these orders all serve the same fundamental purpose, which is to protect individuals from harm.
Importantly, these protection orders are recognised and enforceable across state and territory borders under national legislation.
This means that if you have an AVO made in New South Wales and you relocate to another state, or if the defendant moves interstate, the order continues to apply and can be enforced in the new jurisdiction.
This cross-border recognition ensures that your protection does not end at a state boundary.
Understanding the difference between an AVO and an ADVO is crucial when determining which type of protection order applies to your situation. Knowing your options ensures you take the appropriate legal steps for protection.
How an AVO can provide you legal protection
An AVO imposes certain conditions and enforceable restrictions on the defendant, which provides a safety net backed by the law, which gives the protected person not only just peace of mind but also tangible protection.
Once an AVO is issued by the court, it becomes a legally binding order.
This means that breaching the conditions of an AVO is treated as a criminal offence. So, if the defendant disregards the restrictions, whether by contacting the protected person, approaching restricted areas, or engaging in prohibited behaviour, they can face criminal charges.
These penalties act as a deterrent, emphasising the seriousness of the order.
AVOs empower law enforcement to act swiftly. If a breach is reported, police are obligated to investigate and can arrest the defendant without a warrant.
This immediate response ensures that threats or acts of intimidation are addressed promptly.
An AVO often impacts the defendant’s legal standing. For example, they may lose eligibility for a firearms license or face restrictions that affect their daily life.
These consequences reinforce the seriousness of compliance and provide an added layer of protection for the person at risk.
AVOs work alongside other legal protections, such as parenting orders or property recovery orders, to provide comprehensive safety.
They create a framework where the protected person can rebuild their life without fear of interference or harm.
In essence, an AVO translates your need for safety into enforceable legal protections, ensuring that both the defendant and authorities understand the boundaries that must be respected.
How to Get an AVO
Applying for an Apprehended Violence Order (AVO) can feel overwhelming, but understanding the process can make it more manageable.
Whether you’re seeking protection from domestic violence or another threatening situation, the steps are designed to prioritise your safety while ensuring a fair legal process.
Step-by-step process to get an AVO :
Step 1 : Report the issue to the police
In many cases, the first step is contacting your local police station.
If the situation involves immediate danger, the police can issue a provisional AVO to provide temporary protection until the matter goes to court.
In fact, where there is an immediate need to protect you or prevent substantial damage to your property, the police are required to apply for a provisional AVO, it is not discretionary in those circumstances.
Beyond provisional orders, the police are also obligated to apply for an AVO in several specific situations.
These include where a domestic violence offence has been committed, is being committed, or is likely to be committed against you; where the defendant has been stalking or intimidating you with the intent to cause fear or harm; where an offence against a child has occurred or is likely to occur; or where criminal proceedings are already underway against the defendant for any of these behaviours.
Understanding that police have a duty to act in these circumstances can provide reassurance if you’re hesitant about reaching out.
Step 2 : File an application at the local court
If the police are not involved, you can apply for an AVO directly through your local court.
You’ll need to complete an application form detailing why you are seeking the order and the behaviour of the person you want protection from.
It’s important to be aware that if you file a private application and the court ultimately finds that an AVO is not warranted, you may be ordered to pay the defendant’s legal costs.
For this reason, seeking legal advice before lodging a private application can help you assess the strength of your case and avoid unexpected expenses.
Step 3 : Attend the first court hearing
The court will schedule a hearing, and the defendant will be notified of the application.
At this stage, the magistrate may issue an interim AVO to provide temporary protection until a final decision is made.
Step 4 : Present evidence
To support your case, you may need to provide evidence such as police reports, witness statements, text messages, or other documentation that demonstrates the need for protection.
This is your chance to show the court why the AVO is necessary.
Step 5 : Final hearing and decision
If the case is contested, it will proceed to a final hearing where both parties present their arguments.
The court will then decide whether to grant a final AVO and what conditions it should include.
Understanding Provisional, Interim, and Final AVOs
Throughout the application process, you may encounter three different types of AVO, each corresponding to a different stage of the proceedings. Understanding the distinction between them can help you know exactly where your matter stands at any given point.
A provisional AVO is an order made outside of court, typically by a senior police officer, when there is an urgent need to protect you before the matter can be heard by a magistrate. Provisional AVOs are temporary and generally remain in force for 28 days or until the matter first comes before the court, whichever occurs sooner.
An interim AVO is a temporary order made by the court itself. It is usually granted at an early hearing to provide you with protection while the case is being finalised. An interim AVO remains in place until the court makes a final decision or until it is otherwise varied or revoked.
A final AVO is the order made by the court after it has considered all the evidence and heard from both parties (or after the defendant has consented to the order). A final AVO sets out the conditions that will apply for the full duration of the order, which the court will specify at the time it is made.
Each of these orders is legally enforceable from the moment it takes effect, and breaching any of them carries the same consequences.
What to expect during the process:
- Legal representation: While it’s not mandatory to have a lawyer, seeking legal advice can ensure your application is strong and comprehensive.
- Police involvement: In domestic violence cases, police officers often play a significant role in supporting the application and ensuring your safety.
- Timeframes: The process can vary depending on whether the defendant contests the application. Provisional and interim orders offer immediate protection while you await the court’s decision.
Understanding the process and knowing what to expect can help you feel more in control.
If you’re unsure about any part of the application, seeking guidance from a legal professional can make all the difference.
AVO conditions
When an Apprehended Violence Order (AVO) is issued, it includes specific conditions aimed at protecting the safety and wellbeing of the protected person.
These conditions set clear boundaries for the defendant, ensuring they cannot engage in behaviour that poses a threat.
Every AVO issued in New South Wales includes a set of mandatory conditions that apply automatically.
Under these baseline protections, the defendant must not assault or threaten the protected person, must not stalk, harass, or intimidate the protected person, and must not deliberately or recklessly destroy or damage anything belonging to the protected person.
These mandatory conditions form the minimum level of protection that every AVO provides, regardless of the specific circumstances of the case.
In addition to the mandatory conditions, the court can impose further restrictions tailored to the situation.
These additional conditions are where the court tailors the order to the specifics of your situation.
While these will differ on a case-by-case basis, some of the most common additional conditions include :
Common AVO conditions:
- No contact : The defendant may be prohibited from contacting the protected person directly, indirectly, or through third parties. This includes phone calls, messages, and social media interactions.
- Restricted proximity: The AVO can require the defendant to stay a certain distance from the protected person’s home, workplace, or other specified locations. This helps ensure physical safety and peace of mind.
- Prohibition on entering premises: The defendant may be restricted from visiting certain places, such as the protected person’s home or school.
- Firearms restrictions: AVOs often include a condition that prohibits the defendant from owning or possessing firearms or prohibited weapons, which may require surrendering any existing licenses or weapons.
- Protection of property: The order may extend to protecting the protected person’s property, ensuring the defendant cannot damage, interfere with, or access belongings.
Each AVO is personalised to reflect the specific needs of the protected person.
The court takes into account the nature of the threats or behaviour and creates conditions that provide maximum safety.
Breaching any AVO condition is a serious criminal offence. Defendants who fail to comply with the terms may face significant penalties, including fines, imprisonment, or both.
This enforceability ensures the protected person’s safety is prioritised and that the defendant understands the gravity of their obligations.
By imposing these conditions, an AVO establishes clear legal protections that help prevent further harm and provide a sense of security for the protected person.
How AVO Conditions Interact with Parenting Orders
If you and the defendant share children and there is an existing parenting order in place, an AVO does not automatically override those arrangements.
In most cases, you will still be entitled to spend time with your children in accordance with the parenting order.
However, the AVO may affect how you and the other party communicate about parenting matters.
Where an AVO restricts contact between the parties, any communication relating to the children will generally need to occur through specific channels.
These typically include communication through a lawyer, through a mediator or counsellor, in accordance with a court order, or by written agreement that relates specifically to the children.
Direct contact outside of these channels could place the defendant at risk of breaching the AVO.
It is also worth noting that the Federal Circuit and Family Court of Australia is required to take any family violence matters into account when making parenting decisions.
If the Family Court makes an order that conflicts with an AVO, the Family Court order will generally take precedence, and the AVO may need to be varied to reflect the new arrangements.
If you are navigating both an AVO and parenting arrangements, seeking legal advice can help ensure that your rights and your children’s safety are properly balanced.
Property Recovery Orders
If an AVO prevents the defendant from attending the protected person’s home, it can create practical difficulties for retrieving personal belongings.
In these situations, it is possible to apply to the court for a Property Recovery Order, which allows the defendant to attend the property under specific conditions for the sole purpose of collecting their possessions, without breaching the AVO.
A Property Recovery Order sets out when and how the collection can take place, and police may be required to be present.
This provides a lawful and safe mechanism for both parties to resolve property matters without putting anyone at risk.
Can an AVO application be withdrawn?
Yes, withdrawing an AVO application is possible, but it’s not always as simple as deciding you no longer want to proceed.
Since AVOs are designed to protect individuals from harm, the court needs to ensure that withdrawing the application won’t put anyone at risk.
If the AVO was applied for by the police on your behalf, their approval is often required before the application can be withdrawn.
This is because the police have a duty to prioritise public safety, and they may object if they believe the threat still exists.
Even in cases where the application was filed privately, the court must review and approve the withdrawal to ensure it’s in the best interest of everyone involved.
There are many reasons why someone might consider withdrawing an AVO application.
Sometimes circumstances change, and the situation that led to the application no longer feels threatening.
Other times, the parties may have reconciled or found a resolution outside of the legal process.
However, it’s essential to carefully weigh this decision, as withdrawing the application could leave you without legal protection should the behaviour happen again.
It is also worth being aware, particularly if you are a defendant in AVO proceedings, that in some family law disputes, AVO applications can become part of a broader strategic dynamic between the parties.
For example, a provisional AVO may be sought in connection with child custody proceedings in a way that is intended to influence the outcome of those proceedings rather than to address a genuine safety concern.
Courts are alert to this possibility, and applications that appear to be motivated by tactical considerations rather than a real need for protection may be scrutinised closely.
If you believe an AVO has been taken out against you for strategic reasons, seeking legal advice promptly is important.
Can the Conditions of an AVO Be Changed or Cancelled?
Beyond withdrawing a pending application, it is also possible to modify or revoke an AVO after it has been formally granted by the court.
An application to change or cancel an existing AVO can be made by the protected person, a guardian of the protected person, the defendant, or the police.
Changes that can be sought include adding new conditions, varying existing ones, extending or reducing the duration of the order, or revoking the order entirely.
If the AVO was originally applied for by the police, or if the order is indefinite, the court’s permission will generally be required before an application to change the order can proceed.
The court will typically only grant this permission where there have been significant changes in circumstances since the order was made.
It’s important to note that an application to revoke an AVO can only be made while the order is still active.
Once an AVO has lapsed, revocation is no longer available.
If you’re unsure about whether withdrawing or modifying your AVO is the right choice, speaking with an experienced domestic family lawyer can help you navigate the decision and consider all the potential outcomes.
When You Can Apply for Legal Costs
Legal proceedings can be expensive, and it’s natural to wonder if you can recover some of those costs.
In AVO cases, whether you can apply for legal costs often depends on the circumstances of the application and its outcome.
If you’re the defendant in an AVO case and the court finds that the application was frivolous, vexatious, or without merit, you may be able to seek an order for the applicant to cover your legal costs.
This is meant to deter the misuse of the legal system and compensate individuals who were wrongfully subjected to proceedings.
For applicants, it’s less common to recover legal costs unless there are exceptional circumstances.
In some situations, particularly where the AVO was applied for through police intervention, there may be no legal costs to recover since the process is handled by law enforcement.
It’s important to note that decisions about legal costs are made by the court on a case-by-case basis.
If you believe you’re entitled to seek costs, presenting a clear and well-supported argument is essential. Seeking legal advice can also help clarify your options and guide you through this process.
FAQ's
How long does an AVO last?
The duration of an AVO depends on the court’s decision.
Provisional or interim AVOs provide short-term protection until a final hearing, while a final AVO can last for months or even years, depending on the circumstances.
In some cases, an AVO may be made for an indefinite period, meaning it remains in force until it is formally varied or revoked by the court.
The exact length is determined by the magistrate based on the needs of the protected person.
What happens if someone breaches an AVO?
Breaching an AVO is a serious criminal offence under the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
If a defendant violates the conditions of the order, the maximum penalty is a fine of up to $5,500 and/or imprisonment for up to 2 years.
The actual penalty imposed will depend on the nature and severity of the breach, and the court may take into account any prior breaches or related offending.
It’s important to report any breaches to the police immediately so they can take appropriate action.
It’s also worth knowing that accidental breaches can still carry consequences.
For example, if the protected person initiates contact and the defendant responds, the defendant may still be considered to have breached the order, even though they did not initiate the interaction.
If you have an AVO against you, always err on the side of caution and seek legal advice if you’re unsure whether a particular action could put you in breach.
Can you apply for an AVO online?
In some cases, you can start the application process online, depending on the state or territory.
However, you may still need to attend court or provide further documentation in person.
Your local court or police station can provide guidance on the specific process in your area.
Do you need a lawyer to get an AVO?
While it’s not mandatory to have a lawyer to apply for an AVO, seeking legal advice can be incredibly beneficial.
An experienced family lawyer can help strengthen your application, guide you through the court process, and ensure you fully understand your rights and obligations.
Is an AVO a criminal offence? Does it affect your criminal record?
An AVO itself is not a criminal charge, it is a civil order.
Having an AVO made against you does not result in a criminal conviction and will not appear on your criminal record.
However, breaching the conditions of an AVO is a criminal offence, and a conviction for breach will appear on your record.
Understanding this distinction is important, as many people assume that simply being the subject of an AVO means they have a criminal record, which is not the case.
What is the difference between a criminal record and a criminal history?
These two terms are often used interchangeably, but they mean different things.
A criminal record contains only offences for which a person has been formally convicted.
A criminal history is broader, it includes all of a person’s involvement with the legal system, such as charges that were dismissed, acquittals, pending court appearances, and any AVOs.
Courts may refer to a person’s criminal history when making sentencing decisions, while employers conducting a standard police check will generally only see the criminal record.
Does an AVO show on a police check?
In most cases, an AVO will not appear on a standard police check because it is not a criminal offence and is not considered a releasable court outcome.
If you breach an AVO and are convicted, that conviction will appear on a police check.
One exception to be aware of is where the AVO relates to the protection of children, in those circumstances, child protection authorities may be notified, which could affect certain employment checks.
Can an AVO affect my ability to get a job?
While an AVO is not a criminal conviction, it can still have practical consequences for employment in certain fields.
If the AVO involves conditions relating to children, child protection authorities may be informed, which could impact your ability to pass a Working with Children Check.
Similarly, roles that require a Working with Vulnerable People registration may be affected. Employment in law enforcement or security can also be impacted.
If you work in any of these areas and have had an AVO taken out against you, it’s worth seeking legal advice to understand your options.
Can you find out if someone has an AVO against them?
Under current laws, there is generally no way for a private individual to find out whether another person has an AVO against them.
Access to criminal records and court orders is restricted under Australian privacy legislation.
In New South Wales, a proposed “Right to Ask Scheme” has been put forward that would allow a person who may be at risk of domestic violence to apply for information about a partner’s history of domestic violence offences.
As of the date of this article, this legislation has not yet been enacted.
Can you contact the person you have an AVO against?
If you are the protected person, the conditions of the AVO are imposed on the defendant, not on you.
This means you are not technically prohibited from making contact. However, doing so can create serious complications.
If one of the AVO’s conditions prevents the defendant from communicating with you and they respond to your contact, they may be placed in breach of the order through no fault of their own.
Additionally, initiating contact with the defendant may affect your credibility if the matter returns to court.
As a general rule, if you have an AVO in place, it’s best to seek legal advice before making any contact with the other party.
What should I do if I’ve been served with an AVO?
If you have been served with an AVO or ADVO, the most important step is to comply with its conditions immediately, even if you intend to challenge the order.
Approaching or contacting the protected person, even to discuss the AVO itself, could result in a breach and criminal charges.
You should seek legal advice as soon as possible, ideally before your first court date.
If you need more time to prepare, your lawyer can write to the court to request an adjournment so that you have the opportunity to properly consider your options and gather any evidence you may need.
If you decide to contest the AVO, the matter will proceed to a hearing where both you and the applicant will have the opportunity to present your case.
Acting early gives you the best chance of mounting an effective response, so it is important not to delay in getting legal support.
How Unified Lawyers can help
Whether you’re applying for an AVO or responding to an application, it’s normal to feel stressed. That’s where Unified Lawyers come in.
As a trusted domestic violence law firm, with offices around Sydney, Melbourne, Brisbane, and Gold Coast, we provide clear, compassionate, and practical legal advice tailored to your situation.
From navigating your rights and obligations to guiding you through court proceedings, our experienced team specialises in family law matters, including those involving domestic violence and protection orders.
Whether you need help filing an application, defending against an AVO, or seeking advice on related family law issues, we’re here to support you every step of the way.
Don’t face this process alone. Call us on 1300 667 461 or book a free, no-obligation consultation online today to take the next step with confidence.