What is an AVO?
In a nutshell, an AVO is essentially an Order that the Court makes to protect one person from another person. It does this by Ordering that the other person is legally restrained by doing certain acts.
For example, Fred has received an AVO. Fred is ordered by the Court to not make contact with his ex-girlfriend Belinda for 12-months.
This page takes you through everything you need to know about AVOs. From understanding the many conditions that restrain a person, through to the legal rights to challenge an AVO in Court.
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The things you need to know about AVOs / charges
What is an AVO in NSW?
An Apprehended Violence Order (AVO) is a court order designed to protect a person from violence, intimidation, or harassment. There are different types of AVOs, including Apprehended Domestic Violence Orders (ADVOs) and Apprehended Personal Violence Orders (APVOs), each with specific legal criteria. The process involves court proceedings where evidence is considered before an order is made.
Defending an AVO
A person who is served with an AVO has the right to challenge it in court. This involves attending a hearing where both parties present evidence and arguments. The court will then decide whether the order is necessary based on the circumstances. Legal representation is recommended due to the complexity of the process and the consequences of an order being made.
Common conditions and other conditions
Every AVO includes standard conditions that prohibit certain behaviours, such as assault, threats, stalking, or intimidation. Additional conditions may also be imposed based on specific risks or needs, such as restrictions on contact, proximity to certain locations, or use of alcohol. These conditions are enforceable by law and must be strictly followed.
Breach of AVO conditions and consequences
Breaching an AVO is a criminal offence and can result in arrest, charges, and penalties including fines or imprisonment. The police have the authority to act immediately on any reported breach. Courts treat breaches seriously, particularly where there is evidence of ongoing risk or harm.
Read our AVO Articles…
“It is not a criminal conviction” – what a final AVO actually costs you at work, on your licences and in the years afterwards
A final AVO is not a criminal conviction but it affects firearms licences, Working with Children Checks, family law and…- Adolescent Family Violence | Apprehended Violence Order Offences | AVO/ADVO | Defence | Domestic Violence | Offences involving Children | Offences Involving Minors | Your Rights | Youth Crime
When the person charged is your own child: adolescent family violence, AVOs and what happens after you call the police
In NSW a teenager charged after a family incident faces domestic violence law and youth justice simultaneously. Here is what… - Apprehended Violence Order Offences | AVO/ADVO | BOSCAR | Court | Criminal Law | Domestic Violence | Your Rights
When both of you apply: cross-applications, mutual AVOs and how NSW police decide who the “primary victim” really is
Cross-ADVOs in NSW grew from 5.7% to 13.7% of matters between 2016 and 2023. Here is how the law works… - Apprehended Violence Order Offences | AVO/ADVO | BOSCAR | Criminal Law | Defence | Violent Offences | Weapons & Firearm Offences | Your Rights
“The AVO is final – can I get it changed or dropped?” Varying and revoking an ADVO in NSW
A final ADVO can be varied or revoked in NSW but timing is critical and the test is protection-focused. Here…
