Applying for an AVO
What is an AVO?
If you fear for your safety because of someone else’s actions, you may be able to apply for an Apprehended Violence Order, or AVO, in New South Wales. An AVO is a court order designed to protect people from violence, threats, harassment, and intimidation. While many applications are made by the police on behalf of the person needing protection, it is also possible to apply for one yourself if you meet certain criteria.
How to Apply for an AVO
The process begins by making an application at your local court. The court staff will ask for details about your situation, including:
- The relationship between you and the person you fear
- Any past incidents
- Why you believe the behaviour will continue
If there is immediate danger, the court can issue an interim AVO to provide protection until a final decision is made. If the defendant breaches any of the conditions of the order, they may face criminal charges.
Types of AVOs in NSW
1. Apprehended Domestic Violence Order (ADVO)
This applies to situations where the parties are in a domestic relationship, such as:
- Partners
- Family members
- People living in the same household
2. Apprehended Personal Violence Order (APVO)
This applies when there is no domestic relationship, such as disputes between:
- Co-workers
- Neighbours
Regardless of the type of AVO, the conditions imposed will always prohibit certain behaviours, such as:
- Assault
- Threats
- Intimidation
- Stalking
- Damaging property
The court can also impose additional restrictions, such as preventing contact or restricting the defendant from going near your home or workplace.
What Happens After You Apply?
After you apply, the police will serve the application on the defendant, notifying them of the court date.
Possible Outcomes:
- Defendant does not attend court → The magistrate may still make the order in their absence.
- Defendant does not agree to the AVO → The matter will proceed to a hearing, where both sides present evidence.
It is important to provide as much information as possible, including:
- Statements
- Messages
- Any records of past incidents
The court will then decide whether the AVO should be made.
Duration and Amendments to an AVO
If the magistrate grants the AVO, it will remain in place for the period specified in the order:
- Two years if the defendant is an adult
- One year if the defendant is under 18
If your circumstances change and you need to amend or extend the order, you can apply to the court before it expires. However, if children are included in the order, only the police can request any changes.
Breaching an AVO: Legal Consequences
An AVO itself is not a criminal conviction, but breaching its conditions is a criminal offence.
If the defendant does not comply with the order:
- You should contact the police immediately
- Keeping a copy of your AVO with you at all times is recommended so you can show it to police if needed
Legal Support and Assistance
For those who need legal help, there are several support services available:
- Women’s Domestic Violence Court Advocacy Services → Provides assistance for women and children affected by domestic violence.
- Legal Aid NSW → Can offer legal advice and, in some cases, representation.
- If police have applied for an AVO on your behalf, you do not need a lawyer, as a Police Prosecutor will handle the matter.
- If you are applying on your own, seeking legal advice can help you navigate the process and ensure your application is as strong as possible.
Final Thoughts
Applying for an AVO can feel overwhelming, but it is an important step in protecting yourself from harm. The legal system is there to support you, and there are many services available to guide you through the process.
If you are in immediate danger, always contact the police for assistance. Taking action early can help ensure your safety and give you peace of mind.
