Apprehended Violence Order (AVO)

What is
an AVO?

In New South Wales, an AVO is a court-issued order designed to protect a person who fears violence, harassment, stalking, or intimidation from another individual. It is a preventative legal measure under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) and aims to stop further threats or harmful behaviour. There are different types of AVOs including:

Apprehended Domestic Violence Order (ADVO)

  • Applies when the protected person is or was in a domestic relationship with the defendant (e.g. spouse, de facto partner, ex-partner, relative, housemate).

  • Commonly used in domestic and family violence cases.

Apprehended Personal Violence Order (APVO)

  • Applies when the parties are not in a domestic relationship, such as neighbours, co-workers, or strangers.

An AVO can be:

  • Sought by NSW Police, often after an incident or complaint

  • Applied for by a private individual through the Local Court

The defendant has the right to contest the AVO in court, and a hearing will be scheduled unless they consent to it being made.

The Purpose
of an AVO

An AVO is not a criminal charge, but a civil order intended to protect someone from future harm. It prohibits the defendant from certain actions, which may include:

  • Assaulting, harassing, threatening, stalking, or intimidating the protected person

  • Contacting or approaching the protected person (including through others or online)

  • Attending places like the protected person’s home, workplace, or school

  • Possessing firearms or weapons

While an AVO itself is not a criminal conviction, breaching the conditions of an AVO is a criminal offence, which can lead to arrest, prosecution, and imprisonment. Final AVOs can have significant effects on a person’s:

  • Firearm licence

  • Family law matters (e.g. child custody)

  • Employment (especially in security, education, or government sectors)

Contesting
an AVO

Contesting an AVO in NSW involves a structured legal process in the Local Court, where the defendant challenges the application made against them. Applications for AVOs can be based on one-sided accounts, and contesting gives you the opportunity to present your version of events in court. The reasons you may need to contest an AVO may include:

You Dispute the Allegations

If you believe the claims made against you are false, exaggerated, or taken out of context, it is your legal right to challenge them.

No Reasonable Fear Exists

To issue a final AVO, the court must be satisfied that the protected person has a reasonable fear of violence, harassment, intimidation, or stalking. If you believe that fear is unfounded or unreasonable, you may contest the order to prevent unfair restrictions.

Avoiding Impact on Employment or Licensing

An AVO can impact your ability to work in certain jobs—particularly in security, teaching, child care or law enforcement. It may also affect your ability to hold a firearms licence or pass Working With Children Checks. Contesting may help avoid these consequences.

Preventing Family Law Implications

AVOs can be used as leverage in family law disputes, especially around child custody and parenting arrangements. If you are involved in family court proceedings, having an AVO against you may impact how parental responsibility and time with your children is assessed.

Restrictive or Unfair Conditions

You may not oppose the entire order, but you may find the conditions too restrictive or unjustified. Contesting the AVO gives you the chance to negotiate more reasonable terms or seek modification.

Contesting an AVO without legal representation can place you at a serious disadvantage, especially if the opposing party is represented or the matter involves criminal allegations. Engaging with a criminal defence lawyer ensures that your side of the story is heard, that legal arguments are properly made, and that your rights, reputation, and future are protected throughout the process.

Breach of
AVO Conditions

A breach of an AVO occurs when a person knowingly contravenes any condition of the order. Even though an AVO itself is a civil order, breaching it is a criminal offence. Police treat breaches seriously, particularly where there is a risk of violence, intimidation, or harassment. A person breaches an AVO if they do something that the AVO prohibits. The breach must be intentional—that is, the person must know that an AVO is in place and knowingly fail to comply with it.

The key consequences of breaching an avo include:

  • Criminal Charges

  • Imprisonment and Fines

  • Criminal Record

  • Impact on Related Matters

  • Increased Restrictions

Breaching an AVO is a criminal offence with potentially severe consequences, including jail time, a criminal record, and long-term impacts on your life. If you’re facing a breach charge or unsure about your AVO conditions, it’s critical to get advice from an experienced criminal defence lawyer as early as possible.