A Complete Guide to Apprehended Violence Orders (AVOs) in NSW

Apprehended Violence Orders (AVOs) are a critical part of the legal framework in New South Wales, designed to protect individuals from violence, harassment, intimidation and stalking.

Although AVOs are civil orders, breaching them is a criminal offence. Understanding how they work and your rights and obligations is essential, whether you are seeking protection or responding to an application.

In our experience, often AVOs are brought against victims because perpetrators have been able to persuade police that they are the person in need of protection. AVOs should be used as a shield, not a sword, but in reality, they are misused and we have had to step in to help clients defend them.

Additionally, AVOs are rarely taken out without police also making criminal allegations which are placed on a Court Attendance Notice. Our crime team has acted for hundreds of clients defending domestic violence charges that stem from AVOs and domestic violence allegations. Often our clients have shown that they are the victims, rather than perpetrators.

An Apprehended Violence Order (AVO) is a court order that places conditions on a person (the defendant) to protect another person (known as the Person in Need of Protection, or PINOP).

These conditions can restrict a range of behaviours, including assault, threats, harassment and intimidation, stalking, contact or proximity to the PINOP.

AVOs are preventative; they are designed to reduce risk and protect safety before further harm occurs.

An ADVO applies where there is a domestic relationship between the parties. This includes:

• Current or former partners
• Family members
• People living together (or who have lived together)
• Certain kinship relationships

ADVOs are typically initiated by NSW Police, particularly in situations involving allegations of domestic or family violence.

An APVO applies where no domestic relationship exists, such as disputes between:

• Neighbours
• Co-workers
• Friends or acquaintances

APVOs are often privately applied for by the person seeking protection, although police may also initiate them in some circumstances.

In urgent situations, police can issue a provisional AVO to provide immediate, short-term protection before the matter goes to court.

An interim AVO is a temporary order made by the court while the case is ongoing. It can be put in place quickly, sometimes at the first court appearance, and remains in force until the matter is finalised.

A final AVO is made after the matter is determined by the court, either:

• By agreement (consent), or
• Following a contested hearing

Final AVOs typically last for a set period (often around two years) and impose legally enforceable conditions on the defendant.

Understanding the process can help reduce uncertainty and ensure you are prepared.

1. Application is Made

An AVO application is filed by police (common for ADVOs) or by a private individual (common for APVOs).

2. First Court Date (Mention)

The matter is listed before the Local Court. The court may make an interim AVO at this stage and set a timetable for the proceedings.

3. Interim Protection (If Needed)

If there are safety concerns, an interim AVO will remain in place while the matter progresses.

4. Negotiation or Hearing

The matter may resolve early by agreement or proceed to a defended hearing where both sides present evidence.

5. Final Outcome

The court may make a final AVO, dismiss the application, or resolve the matter by agreement.

A key development in NSW AVO law is the introduction of lapsing interim ADVOs under the Specialist Family Violence List Pilot Practice Note, which commenced in September 2023.

A lapsing interim ADVO is a temporary arrangement where an interim ADVO is made and the matter is adjourned for a set period of time.

If the defendant complies with the order and no breaches occur, the police may withdraw the application and the court may dismiss the case, meaning no final AVO is made.

This approach aims to encourage early and practical resolution of matters, avoid unnecessary long-term orders in appropriate cases and balance protection for PINOPs with fairness to defendants.

The pilot operates in selected NSW Local Courts, including:

• Downing Centre Local Court
• Blacktown Local Court
• Newcastle Local Court
• Moree and Gunnedah circuit courts

The court may take into account the views of the PINOP; the seriousness of the allegations; the relationship between the parties; any history of violence, AVOs, or breaches; and whether the defendant is engaging in counselling or support.

If you are seeking protection:

• Your safety comes first – interim orders can provide immediate protection
• Conditions can be tailored – including no contact or exclusion from certain places
• Your views are important – especially in decisions about lapsing interim ADVOs
• Support is available – including legal assistance and victim support services

If you are responding to an AVO application:

• AVOs are serious – even though they are civil orders, they can have significant consequences
• Breaches are criminal offences – strict compliance is essential
• You have options – including consenting (with or without admissions) or defending the application
• Lapsing interim ADVOs may apply – in suitable cases, this can avoid a final order

AVO proceedings can move quickly and have lasting consequences. Whether you are a PINOP seeking protection or a defendant responding to an application, obtaining early legal advice is critical.

A lawyer can help you understand your rights, negotiate appropriate outcomes, and ensure your interests are effectively represented.

If you are dealing with an AVO, whether as a PINOP or a defendant, our team can assist with clear, strategic advice tailored to your situation.