A final AVO is usually made for 12 or 4 months, but it can be made as long as the judge thinks it is necessary.
If the AVO doesn't say when it will end, the default period is 12 months.
Key Takeaway
How long does an AVO last in NSW depends on these 4 points:
- how long the applicant or the person being protected wanted the AVO to last in the application;
- how serious the threat is;
- the protected person's anxieties, and
- previous incidents and history of the defendant.
Whether it is the defendant or the protected person, an AVO can be applied to the court to get varied, revoked, or extended.
Interim AVO vs Final AVO
Under section 24 of the Crimes (Domestic and Personal Violence) Act 2007, an interim AVO has the same effect as a final AVO and stays in place until the matter is decided for good or until it is taken away.
In a Final AVO, the court can issue the order for as long as it deems necessary for the PINOP.
If the court doesn't say how long the order is in place, it stays in place in the following situation:
- If the defendant is an adult, the time limit is two years from the order's date.
- If the defendant is under 18, the time limit is one year from the order's date.
When deciding how long does an AVO last in NSW, the court has to take into account the following:
- circumstances of the defendant (and, if the defendant was under 18 when the application was made, the effects of making an order for more than the one-year default period);
- circumstances of the protected person and their opinion;
- any information the court used to decide to make the order,
- as well as anything else the court thinks is important.
When Does the Court Make an AVO Final?
The court can make the AVO final in the following circumstances:
- You didn't appear in court.
The court may issue a Final AVO without your presence if you have received service of the AVO documents but fail to appear in court on the scheduled mention or hearing date. This is known as "in your absence" or "ex-parte."
- You agreed to a final AVO.
You can agree to a Final AVO being made even if you don't confess that you've done anything wrong or agree with why it's being produced. This is also known as "consenting without admission."
- A hearing goes in favor of the applicant.
Can an AVO be Varied, Revoked, or Extended?
Whether it is the defendant or the protected person, an AVO can be applied to the court to get varied, revoked, or extended.
The court may modify an AVO in any of the following manners:
- extending or reducing the duration of time it is in effect;
- modifying or eliminating restrictions from the order;
- identifying additional prohibitions.
- if there has been no change in circumstances after the AVO was issued, the court may refuse to entertain an application to modify or cancel it.
Speak to our team of AVO lawyers to understand how long does an AVO last in NSW and any other questions you have about AVO's.
We understand AVO's complexity and are committed to providing our clients with the highest quality legal advice and representation.
Our AVO lawyers and practitioners are highly experienced and knowledgeable in family law matters, and we are committed to helping our clients receive the best possible outcome.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
