What is an AVO?
An Apprehended Violence Order (AVO) is a legal order made by a Court in New South Wales to protect people who fear violence, intimidation, harassment, or stalking from another person.
There are two main types: Apprehended Domestic Violence Orders (ADVOs) for situations involving family or intimate relationships, and Apprehended Personal Violence Orders (APVOs) for others outside these relationships, like for example a neighbour. Our Criminal Lawyers Sydney have defended countless defendants in AVO’s.
Who Can Apply for an AVO?
Anyone who feels threatened or unsafe because of another person’s behaviour can apply for an AVO. This includes victims of domestic violence, harassment, or stalking. Usually, the protected person is the one applying, but police can also apply on behalf of someone if necessary. The person the order is made against is called the defendant.
When and Why is an AVO Issued?
An AVO is issued when there is reasonable fear that the defendant might commit violence, cause harm, or intimidate the protected person. The Court’s primary goal is to prevent further harm and provide safety by legally restricting the respondent’s actions.
What Happens if You Breach an AVO?
Breaching any condition of an AVO is a serious offence. The respondent can be arrested and face criminal charges, including fines or imprisonment. Maximum penalty includes:
- 2 years imprisonment, and/or
- A fine of up to 50 penalty units (currently $5,500 in NSW)
Rights and Responsibilities of Both Parties
The protected person has the right to feel safe and have the Court’s protection. They must also provide truthful information during the Court process. The respondent must follow all conditions of the AVO strictly to avoid penalties. Both parties should understand the terms of the order clearly and seek legal advice if unsure.
Conditions of an AVO
An AVO in NSW can include up to 11 conditions designed to protect the person in need of protection (PINOP). Speak to one our highly trained criminal lawyers in Sydney for more information.
Condition 1 is mandatory for all AVOs. It states that the defendant must not assault, threaten, stalk, harass, or intimidate the protected person, or damage or destroy their property. This is the core condition and applies automatically in every AVO.
Conditions 2 to 10 are discretionary (standard) conditions. The Court may include any of these depending on the specific facts of the case. They typically cover things like banning contact, staying away from certain places, or not approaching within a certain distance.
Condition 11 is unique. Unlike the others, it has no fixed wording. It is a customisable condition that the Court can tailor to address particular risks or behaviours that aren’t covered by the standard conditions. For example, it might prohibit the defendant from contacting the PINOP via social media, from attending specific events, or require participation in a behavioural program.
Each AVO is different, and the Court will only impose the conditions necessary to ensure the safety and wellbeing of the protected person. Below are links explaining each condition.
