What is an AVO NSW? An Apprehended Violence Order (AVO) is a court order intended to protect people from violence, threats, harassment, stalking, or intimidation. They are designed to prevent future harm and can apply to a range of situations, most commonly domestic, family, or personal disputes.
There are two main types of AVOs in New South Wales:
- Apprehended Domestic Violence Order (ADVO): Protects against a person with whom you have or had a domestic relationship (e.g., partner, family member, carer).
- Apprehended Personal Violence Order (APVO): Protects you from someone not in a domestic relationship with you (e.g., neighbour, colleague, acquaintance).
Is Having an AVO a Criminal Offence?
No, the making of an AVO is a civil order, not a criminal conviction. Having an AVO in place does not appear on your criminal record. However, if you breach the conditions of the AVO, that breach is a serious criminal offence and can result in court proceedings and penalties.
Read our criminal case studies.
How Do You Vary or Defend an AVO?
After an AVO is made, it can be varied (changed) or revoked (cancelled) if circumstances have changed. A variation can:
- Extend or reduce the duration of the AVO
- Add, remove, or change specific orders (such as no contact, restrictions on approaching certain places, etc.)
Who can apply to vary or revoke an AVO?
- The protected person(s)
- The defendant (person subject to the AVO)
- The police
- The guardian of a protected person
How do you make the application for AVO NSW?
- Complete an application form from the Local Court to vary or revoke the AVO.
- File the form with the appropriate court registry.
- Serve the application on all relevant parties (e.g., police, the other party).
The court will typically require a change of circumstances since the original order, such as reconciliation, changed behaviour, or a need to adjust conditions for work or family reasons. If the police originally made the AVO, you will generally need the court's permission to apply for variation or revocation.
Defending an AVO
If you wish to defend an AVO application against you:
- You should attend court on the listed date.
- The court will set a timetable for you and the applicant to exchange statements and evidence.
- At the final hearing, both sides can present evidence and call witnesses.
- The court will only make a final AVO if satisfied that the protected person has reasonable grounds to fear violence, intimidation, or stalking, and that making the order is necessary for their protection.
Legal assistance is highly recommended for both defending and varying an AVO.
What Happens if You Breach an AVO?
Breaching any condition of an AVO is a criminal offence in NSW. This applies to both ADVOs and APVOs. Penalties can be severe and depend on the nature and seriousness of the breach:
| Offence Type | Maximum Penalty | Example |
|---|---|---|
| Standard breach | 2 years imprisonment and/or $5,500 fine | Knowingly contacting or approaching the protected person in breach of conditions |
| Intentional breach causing harm or fear | 3 years imprisonment and/or $11,000 fine | Breach intended to cause physical or mental harm |
| Persistent breach (3+ breaches in 28 days) | 5 years imprisonment and/or $16,500 fine | Repeated contraventions within a short period |
Other consequences include:
- Possible arrest and charging by police.
- Entry of a conviction on your criminal record if found guilty.
- Additional or related criminal charges (e.g., assault, intimidation) may also apply.
If you are a protected person and the AVO is breached, contact police immediately and provide evidence of the breach for investigation.
Key Takeaways
- An AVO is designed to protect individuals from harm or threats. It is a civil matter unless breached—then it becomes criminal.
- Either party, or police, can apply to vary or revoke an AVO, but you will generally need to show a change in circumstances.
- Breaching an AVO is a serious offence with severe possible penalties, including prison. Legal advice is strongly recommended whether you are seeking, defending, or facing proceedings related to an AVO.
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.
