Applying for an AVO in NSW: Your Rights and the Legal Process
What Is an Apprehended Violence Order (AVO)?
If you fear for your safety due to someone else’s actions, you may be eligible to apply for an Apprehended Violence Order (AVO) in New South Wales. An AVO is a court order that helps protect individuals from violence, threats, harassment, or intimidation.
While police can apply for an AVO on your behalf, you also have the right to apply directly through the local court if you meet the necessary criteria.
How to Apply for an AVO
To apply for an AVO yourself, you must attend your local court and complete an application. You’ll need to provide details such as:
The nature of your relationship with the person you’re seeking protection from
Previous incidents of violence or threats
Why you believe the behaviour will continue
If you are in immediate danger, the court can issue an interim AVO to protect you while the full matter is being resolved.
Types of AVOs in New South Wales
1. Apprehended Domestic Violence Order (ADVO)
Applies to people in a domestic relationship, including:
Spouses or partners
Family members
People living in the same household
2. Apprehended Personal Violence Order (APVO)
Applies where there is no domestic relationship, such as between:
Neighbours
Work colleagues or acquaintances
Conditions of both ADVOs and APVOs may include prohibitions against:
Physical assault or violence
Threats or harassment
Stalking or intimidation
Damaging your property
Additional restrictions may be added, such as no contact or restrictions on entering your home or workplace.
What Happens After You Apply?
After submitting your application, the police will serve the AVO documents to the defendant. A court date will be set, and the following outcomes are possible:
If the defendant does not attend, the magistrate may make the order in their absence
If the defendant disputes the AVO, the case will proceed to a hearing
You will need to provide evidence, including:
Written statements
Text messages, emails or call logs
Medical or police reports (if applicable)
How Long Does an AVO Last?
If granted, an AVO is valid for:
2 years for adult defendants
1 year for defendants under 18
You can apply to vary or extend the order before it expires. However, if children are involved, only NSW Police can request changes.
What Happens If the AVO Is Breached?
An AVO itself is a civil matter, but breaching its conditions is a criminal offence. If you suspect the order has been breached:
Contact police immediately
Keep a copy of the AVO with you at all times
Conviction for breaching an AVO can lead to criminal charges and penalties, including imprisonment.
Support Services and Legal Help
There are services available to help you through this process:
Women’s Domestic Violence Court Advocacy Service
Jameson Law’s AVO lawyers can assist if you are applying without police involvement
Final Thoughts
Applying for an AVO may feel intimidating, but it’s a crucial step in protecting yourself from harm. If you are in danger, call 000 immediately. The legal system is designed to protect you, and you don’t have to go through it alone.
If you’re unsure about your rights or how to proceed, speak with an experienced family lawyer at Jameson Law today for confidential support and legal advice tailored to your circumstances.
