APPREHENDED VIOLENCE ORDER (AVO)
Don’t let an AVO hold you back in Sydney. Our AVO experts will guide you through your rights and options.
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Do you have an AVO against you?
Apprehended Violence Orders sit within the framework of the Crimes (Domestic and Personal Violence) Act 2007. An AVO by itself is a civil matter, not a criminal charge, and the court applies a lower standard of proof, the balance of probabilities, rather than the criminal standard. This means the magistrate simply needs to be satisfied that the alleged conduct probably occurred.
Where criminal charges are laid alongside an AVO, such as assault or property damage, those charges are dealt with separately under the criminal jurisdiction, and the higher standard of proof, beyond reasonable doubt, applies to them.
Given how easily these two jurisdictions can overlap, sound legal advice matters from the outset. At Best Criminal Lawyers Sydney, our lawyers regularly assist clients through every stage of an AVO matter, whether they’re applying for protection or responding to an order made against them.
What is an AVO?
In NSW, the term used for a court-issued protection order is an Apprehended Violence Order. It’s a legally binding order intended to protect a person or a group of people from harm. There are two forms of AVO:
- Apprehended Domestic Violence Order (ADVO)
- Apprehended Personal Violence Order (APVO)
Apprehended Domestic Violence Orders (ADVOs)
An ADVO is sought where the parties involved share, or previously shared, a domestic relationship, for example, partners, former partners, family members, carers, or people who have lived in the same household. The conduct doesn’t need to be physical to qualify. Repeated unwanted contact, tracking someone’s movements, threats, or behaviour designed to instil fear can all form the basis of an ADVO application, even where no violence has taken place.
Apprehended Personal Violence Orders
An APVO covers situations outside domestic relationship disputes between neighbours, co-workers, business associates, or acquaintances. To grant an APVO, the court must be satisfied that the person seeking protection genuinely fears, and has reasonable grounds to fear:
- An act of violence
- Intimidation
- Stalking
What happens if I’m served with an AVO?
If an AVO has been served on you, contact a lawyer without delay, particularly where criminal charges accompany the application. Hold onto any material that might support your position, messages, photos, or correspondence, and pass copies to your lawyer rather than handling them yourself. Whatever you do, don’t contact the protected person directly, as this could itself amount to a breach. Where family law matters require ongoing communication with the other party, route this through your solicitor instead.
Should I agree to an AVO?
Don’t consent to an AVO before speaking with a lawyer. Signing on without proper advice can create problems down the track. If you hold a firearms licence for work, an order may put that licence at risk. Similarly, if your job requires a Working with Children Check and the order names a child, your clearance could be affected. Although an AVO sits outside the criminal system, it, along with any related charges, can complicate visa applications to countries including the US and may also carry weight in family law or immigration proceedings.
Do you have to go to court for an AVO?
Yes. Once an application for an AVO is filed, whether by police or privately, the matter is heard before a magistrate so each side can put forward their evidence. Where police have lodged the application, they’ll present the case, though you may still be called to give evidence. If you’d prefer police didn’t proceed, raise this with the investigating officer, bear in mind, though, that police can continue regardless if they consider there’s a safety risk or children are involved. If you’re the one applying, you’ll need to bring your own evidence to court, such as messages, images, or witness accounts, and any witnesses will need to attend in person to give oral evidence. Courts also offer safe rooms for anyone concerned about their safety while attending.
How long does an AVO last?
An APVO runs for whatever period the court sets. Where no end date is specified, it defaults to 12 months from the date it’s made.
An ADVO also runs for a court-specified period, defaulting to two years if no date is set. Where the defendant was under 18 when the order was made, and no end date was given, the order defaults to one year.
AVO Process in NSW
Police Applications
STEP 1: Provisional Order Issued by Police
Where attending police believe the PINOP’s (person in need of protection) safety is at risk, they can issue a Provisional Order on the spot. This order takes effect immediately and stays in force until the matter is dealt with by a court. It automatically carries the mandatory conditions 1(a), (b) and (c), plus any further conditions police consider necessary given the circumstances.
STEP 2: Court Attendance Notice and First Appearance
Your Court Attendance Notice sets out the date, time, and courthouse you must front up to. This is printed at the top of the first page. At your first mention before a Magistrate, you’ll have two options:
- Ask for an adjournment so you can get legal advice; if you haven’t already done so, the matter is then relisted for a later mention date; or
- Enter a plea. A guilty plea means you’re accepting the charge, even if you don’t agree with every detail in the police version of events. A not guilty plea means you’re disputing the charge altogether. Where you plead not guilty, the matter is adjourned to a hearing date. Where you plead guilty to a summary offence, the Magistrate may proceed straight to sentencing that same day.
Some matters are indictable and may need to be escalated to the District Court or Supreme Court, depending on how serious the alleged offending is. It’s also worth noting that section 475A of the Crimes Act 1900 allows certain matters, including summary offences of conspiracy to cheat and defraud, to be brought before the Supreme Court in its summary jurisdiction, on referral by the Attorney-General or the Director of Public Prosecutions.
STEP 3: Court Mention
At this mention, the defendant (the person the ADVO is sought against) decides whether to consent to the order or contest it. Consenting means accepting the terms and agreeing to abide by them; the matter ends there, and a final AVO is put in place. Some courts also allow a defendant to offer an undertaking instead, which is a formal promise not to engage in certain conduct, falling short of a finalised order.
If the defendant chooses to contest the application, the court sets a date for a brief mention and directs both the police and the defendant to exchange their evidence beforehand. The court also reviews the provisional order the police issued and makes any adjustments it considers appropriate; this revised version becomes the Interim AVO.
STEP 4: Brief Mention to Defend the AVO
This is a shorter appearance where both sides update the court on any outstanding evidence or amendments needed before the matter proceeds. The court then fixes a hearing date. The Interim AVO remains binding right up until that hearing and must be followed in the meantime.
STEP 5: Hearing
The hearing is where the matter is finally resolved. Both sides present their evidence in full, and the Magistrate hands down a final order. Where criminal charges are attached to the AVO and the defendant is found guilty of those charges, the court will automatically impose the AVO as well. Once a final order is in place, any future breach is prosecuted as a criminal matter in its own right.
Personal Applications
If you’re applying yourself, speak with a lawyer or your local courthouse registry first. There are strict formal requirements your application must meet before it will be accepted.
STEP 1: Lodge the Application
The application is filed with the court, setting out the orders being sought.
STEP 2: First Court Date (Mention)
At this hearing, the defendant can either consent to the order or contest it. Consenting means agreeing to abide by the terms, and the matter concludes with a final order made on the spot. In some courts, a defendant may instead offer an undertaking — a formal promise to the court to avoid certain conduct, without the order itself being finalised.
If the defendant contests the application, the court sets a further date for a brief mention and orders both sides to exchange their evidence beforehand. An Interim (provisional) Order is often put in place at this stage and remains binding until the matter is resolved.
STEP 3: Brief Mention
This is a shorter court appearance where both sides confirm what evidence is ready, flag anything missing, and settle any amendments needed to the application. The court then locks in a hearing date. The Interim Order stays in force throughout this period and must be followed.
STEP 4: Hearing
This is where the matter is finally decided. Both parties present their full case, and the magistrate hands down a final order (or dismisses the application).
Disclaimer
This page contains general legal information only and shouldn’t be treated as legal advice. Every matter is different, and our criminal lawyers can give you guidance specific to your circumstances. Any penalties referred to are maximum penalties, and courts assess each case on its own facts.