An apprehended violence order is a court order made to protect a person from someone they fear may harm them. In New South Wales these orders are usually called AVOs. Other states use different names and slightly different rules. This guide explains the basics in plain terms for people on either side of an application.
Many people first hear about an AVO when police hand them paperwork or tell them an application has been made. Others are looking for protection and want to know how to start. The process can feel confusing because it sits in a criminal court but is not itself a criminal charge. Knowing how the order works helps you take the right next step.
What an AVO is in New South Wales
The Local Court of New South Wales describes an AVO as a court order that aims to protect you from someone you fear may cause you harm. The court lists the kinds of behaviour that can support an order. These include physical or sexual violence and threats of it. They also include harassment, intimidation, stalking, damage to property and harm or threats to animals.
There are two main types of AVO in New South Wales. An apprehended domestic violence order (ADVO) protects someone in a domestic or family relationship with the other person. Legal Aid NSW notes this covers family, carers and partners, even if they do not live together. An apprehended personal violence order (APVO) covers people who are not and never have been in a domestic relationship, such as neighbours.
Who can apply for an order
Police take out most AVOs to protect someone else. When police apply, they control the case. Legal Aid NSW says police can still ask the court to make the order even if the protected person no longer wants it. Police must apply where the person needing protection is under 16.
If police decide not to apply, you can apply directly through the Local Court. The person applying is called the applicant. The person to be protected is the protected person, sometimes called the person in need of protection. The person the order is made against is the defendant, and a separate application is needed for each defendant.
Interim orders and going to court
A court can make an interim order while the case is adjourned. The defendant must obey that interim order until the court decides the case. This means the rules can apply from early on, well before any final hearing. Reading the paperwork carefully is the first job for anyone served with one.
If the defendant agrees to the order, the court will usually make it that day. The defendant then collects a copy from the registry. If the defendant does not agree, the matter is adjourned. The court then sets a timetable for each side to file statements before a hearing.
Family matters often overlap with protection orders. Parenting arrangements can be affected, and our article on a parent preventing their ex spouse from seeing their children covers that side of things. A lawyer can explain how an order and parenting plans may interact. It is worth raising this early so both matters are handled together.
Conditions and breaches
Every order sets out things the defendant must not do. Legal Aid NSW gives examples such as not assaulting or threatening the protected person and not going to an ex partner’s house. Conditions can also cover contact and how close the defendant may come. The exact list depends on the order the court makes.
An AVO is not a criminal charge, and the Local Court says AVOs do not give defendants a criminal record. Breaching an order is different. Police can lay criminal charges for a breach, and Legal Aid NSW says a person can be locked up for up to two years. That makes the conditions worth taking seriously from day one.
Some breaches happen without people realising. Legal Aid NSW warns that answering a text message can count as a breach. You can also be charged even if the protected person acts as though the order no longer applies, such as by inviting you over. The order binds the defendant, not the protected person.
If the protected person keeps contacting you, avoid reacting in a way that could breach the order. Legal Aid NSW suggests keeping notes of how and when they contact you and how you responded. If the contact continues, call the police. A lawyer can also advise on asking the court to vary the order.
How the rules differ between states
Each state and territory has its own laws and its own name for these orders. In Victoria, for example, they are called family violence intervention orders. Victoria Legal Aid explains that adults can apply through their local Magistrates’ Court or online. Victoria Police can also apply, even if the family member has not asked them to.
Victorian magistrates can make an interim order if someone needs protecting immediately. A final order may follow if the magistrate believes the respondent used family violence and is likely to do so again. Victoria Legal Aid says the respondent must follow the conditions even if the protected person says it is okay not to. Breaching an order is a criminal offence and could result in a criminal record.
Orders can also follow people across borders. The Local Court of New South Wales says an ADVO operates nationally and must be obeyed across Australia. An APVO can be registered with a court in another state if the protected person moves. These rules cover Australia only, so families thinking about a move overseas should read our guide to moving abroad with your family and get legal advice before they go.
Getting legal help
Both applicants and defendants benefit from early advice. Legal Aid NSW notes that your lawyer will explain your options and recommend one, but the decision is yours. Law Access NSW offers free legal information and referrals to Legal Aid offices and community legal centres. The Women’s Domestic Violence Court Advocacy Service supports women who are victims of domestic violence at AVO proceedings.
Many people start by searching for a lawyer online. A good firm will explain its services clearly, and our piece on what a law firm website should offer shows what to look for. Check that the lawyer practises in the state where the case is running. Ask whether they regularly appear in the Local Court or Magistrates’ Court.
Protection orders are separate from civil disputes about money or property. If a related argument is heading for a claim, our article on facing the threat of litigation explains the early steps. Keep the two issues apart in your notes and paperwork. A lawyer can tell you which court deals with each one.
Frequently asked questions
Does an AVO give me a criminal record?
The Local Court of New South Wales says AVOs do not give defendants a criminal record. A breach of the order is different. Police can charge a person who breaches an AVO. A conviction for that charge can then appear on a record.
Can the protected person cancel the order?
Not on their own. Where police applied, Legal Aid NSW says police can still ask the court to make the order. Even an invitation from the protected person does not stop the conditions applying. Any change needs to go through the court.
Is an AVO from New South Wales valid in other states?
An ADVO operates nationally, according to the Local Court of New South Wales. Defendants must comply with it anywhere in Australia. An APVO can be registered with a court in another state if the protected person moves there.
Do I have to go to court?
Defendants are normally expected at court on the listed date. If you agree to the order, the court will usually make it that day. If you disagree, the case is adjourned and a timetable is set. Get advice before the first date if you can.
This article is general information only about Australian law. Laws and court processes differ between states and territories and change over time. It is not legal advice. Please speak with a qualified lawyer about your situation.