An Apprehended Violence Order, commonly called an AVO, is a court order that limits or prohibits a person's contact with another. AVOs are issued across Australia, though the name and governing legislation varies by state and territory. In New South Wales, they are governed by the Crimes (Domestic and Personal Violence) Act 2007. The order does not result in a criminal conviction on its own, but breaching one is a serious criminal offence. Many people are surprised to learn how quickly an AVO can be made, often before a defendant even knows proceedings have started.
The two main types of AVO
There are two categories in NSW, and similar distinctions exist in other jurisdictions. An Apprehended Domestic Violence Order (ADVO) applies where the person seeking protection has a domestic relationship with the defendant. That covers current or former partners, family members, and people living in the same household. An Apprehended Personal Violence Order (APVO) covers situations where no domestic relationship exists, such as a dispute between neighbours or work colleagues.
Police can apply for an AVO on behalf of a complainant, or a person can apply privately through a local court. Police-initiated AVOs are more common in domestic settings and are frequently made at the same time a related criminal charge is laid.
What an AVO actually prohibits
Every AVO includes mandatory conditions. In NSW, every order automatically prohibits the defendant from assaulting, threatening, stalking, harassing, or intimidating the protected person. Courts can add further conditions depending on the circumstances. Common additions include:
- A prohibition on approaching or contacting the protected person in any way
- A requirement to stay a set distance from the protected person's home or workplace
- A prohibition on being in the company of children
The conditions are tailored to the facts presented to the court. A judge or magistrate looks at the protected person's fears and the history of any relevant conduct before deciding what restrictions to impose.
How an AVO is made
A court can make an AVO on an interim basis, meaning before the defendant has appeared or had a chance to respond. These interim orders take effect immediately and remain in place until the matter returns to court. At a later hearing, the defendant can consent to the order, oppose it, or accept it without admissions. Consenting without admissions is common: it means the order is made, but no finding of wrongdoing is recorded.
If the defendant contests the AVO, the matter proceeds to a hearing where both sides can give evidence. This is different from a criminal trial but follows a similar structure. The standard of proof is the civil standard: the balance of probabilities, not beyond reasonable doubt.
What happens if you breach an AVO
Breaching an AVO is a criminal offence. In NSW, a breach of an AVO carries a maximum penalty of 2 years imprisonment and a fine of $5,500 for a first offence. A second or subsequent breach, or a breach involving violence, carries a maximum of 5 years imprisonment. The breach itself does not require the protected person to complain: police can charge a defendant based on their own observations or other evidence.
This is where the civil and criminal aspects of AVOs intersect. The order is civil, but the consequences of not complying are criminal. If you are facing a breach allegation, the process from that point mirrors what happens after any criminal charge. You can read more about what happens after a criminal charge is laid in Australia to understand the steps that follow.
AVOs and domestic violence charges
It's common for an AVO to be issued alongside domestic violence charges in Australia. The AVO protects the complainant during the period the criminal matter is before the court. The two proceedings run in parallel but are legally separate. An acquittal on the criminal charge does not automatically cancel the AVO: a court can still maintain the order if it finds the protected person has grounds to fear future harm.
This distinction catches many defendants off guard. Winning the criminal case doesn't necessarily end the AVO. Both matters need to be dealt with, often through different hearings and sometimes through different legal arguments.
Responding to an AVO
If you receive an AVO or are served with one, do not ignore it and do not contact the protected person, even to try to resolve things informally. Any contact during the period an interim order is in place could constitute a breach, regardless of who initiated it.
Getting legal advice early is critical. A criminal law specialist can help you understand the conditions of the order, assess whether opposing it is in your interest, and represent you if the matter goes to a contested hearing. Ann Valos Criminal Law advises defendants on AVO matters, from initial response through to hearing, and brings over 15 years of experience to each matter.
Can an AVO be varied or revoked?
Yes. Either party can apply to a local court to vary or revoke an AVO. A common reason is a change in circumstances, such as the parties no longer living in proximity or the protected person no longer wishing the order to remain in place. A court will not automatically revoke an order just because the protected person asks: it considers whether it is still appropriate. The application to vary or revoke requires a fresh hearing, and the defendant bears the onus of satisfying the court that the change is warranted.
AVOs can last for a fixed period or until further order. Many run for 12 months, but orders made in serious matters can extend for 2 years or longer. A final order made by consent or after a contested hearing is harder to vary than an interim order.
Getting the right advice
Ann Valos Criminal Law is an accredited criminal law specialist firm with over 15 years of experience advising clients on AVO matters across New South Wales. Whether you are a protected person seeking guidance on the process, or a defendant trying to understand your position, Ann Valos Criminal Law provides clear, practical advice tailored to your situation. Contact the firm early: the decisions made in the first days after an AVO is served often have the most bearing on how the matter resolves.