(02) 8806 0866
Don't let an AVO restrict you from getting on with your life. Our AVO experts will advise you on your rights.
Award-Winning Law Firm
We have won several client service excellence and leading law firm awards every year up to and including 2024.
Proven Track Record
60+ Years of combined experience defending criminal matters means a successful outcome is on the table.
5 Star Reviews Every-where
We’re in it to win it and we fight hard for our clients. That’s why anywhere you look you will find only 5 star reviews.
Easy Finance Options
Get urgent premium legal representation now and pay later with affordable fortnightly or monthly payments.
Book a Consultation Today
If your case is important to you it’s important to us. Call Jameson Law and join the winning side today.
Do you have an AVO against you?
AVOs are a complex area of law governed by the Crimes (Domestic and Personal Violence) Act 2007. An AVO on its own is not a criminal matter and falls under the civil jurisdiction of the courts. It has a lower burden of proof that needs to be met (on the balance of probabilities). In the opinion of the court, the events alleged are likely to have occurred.
If an AVO has charges attached to it, e.g. malicious damage, then the charges fall under the criminal jurisdiction of the court. Criminal charges have a separate burden of proof (beyond reasonable doubt) and increase the seriousness of the matter.
The complexities of AVOs mean that it is essential you have appropriate and reliable legal representation. Jameson Law know how to navigate the complexities of the legal system and can take the stress out of applying for or defending an AVO.
What is an AVO?
In New South Wales, a restraining order is known as an AVO. It is an enforceable court order for the safety and protection of an individual or group of people. There are two (2) types of apprehended violence orders:
1. Apprehended Domestic Violence Order (ADVO)
2. Apprehended Personal Violence Order (APVO)
Apprehended Domestic Violence Orders (ADVOs)
ADVOs apply where incidents of alleged domestic or family violence offences have occurred. Domestic violence offences are an offence committed by one person against another person with whom the person who commits the offence has (or had) a domestic relationship. This means anyone you have or had an intimate relationship with such as a partner, child, roommate, etc.
Domestic violence offences are not just acts of physical violence such as assaulting someone. They can include actions or behaviour such as stalking, harassing or intimidating, causing a fear of mental or physical harm. For example, unwanted phone/social media contact.
Apprehended Personal Violence Orders (APVOs)
Apprehended Personal Violence Orders apply where incidents of alleged personal violence offences have occurred. The court only needs to be satisfied that the PINOP (person in need of protection) has reasonable grounds to fear and in fact fears:
- an act of violence; OR
- intimidation; OR
- stalking
What happens if I’m served with an AVO?
If you are served with an AVO, you should contact a legal practitioner as soon as possible, especially if criminal charges are included. If you have any evidence to contradict the AVO, you should make copies of it and give it to your lawyer.
Do NOT contact the protected person as this may result in you breaching the order.
If you have family law proceedings in process and you need to communicate with the other party, it is best to do so through your lawyer.
Should I agree to an AVO?
You should NOT agree to an AVO without consulting a legal practitioner first. Agreeing to an AVO can have serious consequences. For example, if you work in the security industry, it may impact on your ability to maintain a firearms licence. If you require a Working with Children Check as part of your employment, an AVO can impact on your clearance if children are included in the order. While an AVO is not a criminal matter, an order and any charges attached to it can impact on your ability to obtain a visa for countries such as the United States of America. AVOs can also impact on family law and immigration matters.
Do you have to go to court for an AVO?
Yes. Once you or the police make an application for an AVO, the matter will go before the court so both parties can present their evidence.
If the police make the application on your behalf, they will present your matter to the court, however, you may be required to give evidence. If you decide you no longer want the police to continue with your matter, you should speak to the officer in charge of your matter. However, the police may continue with the application if they fear for your safety based on available evidence or there are children involved.
If you make an application to the court, you will be required to present your case to the court. You will need to present any evidence you have to the court. For example, witness statements, text messages, photos, social media messages, etc. If you have witness statements, your witnesses must come to court to provide oral evidence.
If you are concerned about your safety at court, contact the court to enquire about their DV safe room.
How long does an AVO last for?
An APVO lasts for as long as the court specifies. In the absence of a specified date, the order lasts for 12 months after the date the order is made.
An ADVO lasts for as long as the court specifies. In the absence of a specified date, the order lasts for two (2) years after the date the order is made. However, if the defendant is under the age of 18 at the time the order is made and no time limit has been given, the order lasts for one (1) year.
AVO Process in NSW:
The AVO process is slightly different depending on who makes the application for an order:
Disclaimer
The above is general legal information and should not be considered legal advice. You should speak with one of our criminal lawyers for legal advice tailored to your specific legal matter. The penalties listed are maximum penalties. The courts deal with matters on a case by case basis. It should also be noted that there may be court delays due to COVID-19.
We're here to help
Book your Apprehended Violence Order (AVO) consultation today
Verified Reviews
Our Recent AVO Matters
Our AVO Lawyers will fight hard for a good outcome.
NSW Courts our criminal lawyers attend
Street Address: 368 Darling St
Postal address: PO Box 235 Burwood 1805
Telephone: 1300 679 272
Fax:
Registry Hours: 9:00 - 1:00 & 2:00 - 4:00
Telephone Hours: 8:30 - 4:30
Days open: Direct all enquiries to Burwood Local Court
Street Address: Cnr Chapel Road & The Mall
Postal address and email: PO Box 71 Bankstown NSW 2200 Email
Telephone: 1300 679 272
Fax: 9722 6060
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: 1 Kildare Rd
Postal address: PO Box 217 Blacktown NSW 2148
Telephone: 1300 679 272
Fax: 9672 2666
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: 7-9 Belmore St
Postal address: PO Box 235 Burwood 1805
Telephone: 1300 679 272
Fax: 9744 4144
Registry Hours: 9:00 - 4.30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: John Street
Postal address: PO Box 186 Camden NSW 2570
Telephone: 1300 679 272
Fax: (02) 4657 3105
Registry Hours: 9:30 - 1:00 & 2:00 - 3:30
Telephone Hours: 8:30 - 4:30
Street Address: Railway St
Postal address: PO Box 91 Campbelltown NSW 2560
Telephone: 1300 679 272
Fax: 4629 9606
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: Queen St
Postal address: PO Box 91 Campbelltown NSW 2560
Telephone: 4629 9777
Fax: 4629 9744
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: 98 Liverpool St
Postal address: PO Box 20495 World Square NSW 2000
Telephone: 1300 679 272
Fax: 9264 3806
Registry Hours: 9:00 - 1:00 & 2:00 - 4:00
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: Level 3 Downing Centre 143-147 Liverpool Street, Sydney
Postal address: PO Box A4 Sydney South 1235
Telephone: 1300 679 272
Fax: 9287 7543
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: Level 4 Downing Centre 143-147 Liverpool Street, Sydney
Postal address: PO Box A4 Sydney South 1235
Telephone: 1300 679 272
Fax: 9287 7963
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: Parramatta Court House 12 George Street Parramatta
Postal address: PO Box 92 Parramatta 2124
Telephone: 8688 4525
Fax: 8688 4913
Registry Hours: 9:00 - 1:00 & 2:00 - 4:30
Telephone Hours: 9:00 - 4:30
Days open: Mon - Fri
Street Address: Cnr Spencer St & Court Rd
Postal address: PO Box 201 Fairfield NSW 2165
Telephone: 1300 679 272
Fax: 9794 7979
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: 294 Peats Ferry Rd
Postal address: PO Box 96 Hornsby 1630
Telephone: 1300 679 272
Fax: 9847 9955
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: 17 Montgomery Street
Postal address: C/- Sutherland PO Box 37 Sutherland NSW 22132
Telephone: 1300 679 272
Fax:
Registry Hours:
Telephone Hours:
Days open: All registry services are provided from Sutherland Local Court
Street Address: 150 George St
Postal address: PO Box 3435 Liverpool Westfields NSW 2170
Telephone: 1300 679 272
Fax: 9821 7888
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: 2 Belgrave Street
Postal address: PO Box 125 Manly NSW 1655
Telephone: 1300 679 272
Fax: 9934 4545
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: 59 North Parade
Postal address: PO Box 99 Mt Druitt NSW 2770
Telephone: 1300 679 272
Fax: 9881 9188
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: 222 Australia Street
Postal address: PO Box 575 Newtown NSW 2042
Telephone: 1300 679 272
Fax: 9577 4040
Registry Hours: 9:00 - 1:00 and 2:00 - 4:00
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: 12 George Street
Postal address: PO Box 92 Parramatta NSW 2124
District Court
Telephone: 1300 679 272
Fax: 8688 9602 (Criminal) 8688 9603 (Civil)
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon-Fri
Street Address: 2 George Street
Postal address: Locked Bag 5113 Parramatta NSW 2123
Telephone: 8688 1888
Fax: 8688 1999
Registry Hours: 9:00 - 4.30
Telephone Hours: 9:00 - 4.30
Days open: Mon - Fri
Street Address: 64-72 Henry Street
Postal address: PO Box 318 Penrith NSW 2751
Telephone: 1300 679 272
Fax: 4720 1555
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 -4:30
Days open: Mon-Fri
Street Address: 288 Windsor Street
Postal address: PO Box 9 Richmond NSW 2753
Telephone: 1300 679 272
Fax:
Registry Hours: 9:00 - 1:00 and 2:00 - 4:00
Telephone Hours: 8:30 - 4:30
Street Address: 814 Victoria Road
Postal address: PO Box 22 Ryde 1680
Telephone: 1300 679 272
Fax:
Registry Hours: 9:00 - 1:00 and 2:00 - 4:00
Telephone Hours: 8:30 - 4:30
Days open: all registry enquiries are to be directed to Parramatta Local Court .
Street Address: 66-78 Albion Street
Postal address: PO Box K303 Haymarket NSW 1240
Telephone: 8667 2100
Fax: 8667 2130
Registry Hours: 9:00 - 4:30
Telephone Hours: 9:00 - 4:30
Days open: Mon - Fri
Street Address: Cnr Flora and Belmont Streets
Postal address: PO Box 37 Sutherland NSW 2232
Telephone: 1300 679 272
Fax: 9542 0244
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
(formerly Level 5 Downing Centre)
Street Address: Level 4, John Maddison Tower, 86 Goulburn St
Postal address: PO Box K1026 Haymarket NSW 2000
Telephone: 1300 679 272
Fax: 9287 7188
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Frequently Asked Questions.
In NSW, the Crimes (Domestic and Personal Violence) Act defines domestic violence and family violence as:
An offence committed by a person against another person with whom the person who commits the offence has (or has had) a domestic relationship being –
a) a personal violence offence; or
b) an offence (other than a personal violence offence) that arises from substantially the same circumstances as those from which a personal violence offence has arisen; or
c) an offence (other than a personal violence offence) the commission of which is intended to coerce or control the person against whom it is committed or to cause that person to be intimidated or fearful (or both)
It depends on the court diary as to how quick the process is. COVID-19 has impacted on NSW courts and may result in delays, especially in Sydney courts.
No. You must be able to prove you have reasonable grounds to fear or in fact fear
- The commission of personal or domestic violence offence; OR
- Intimidation; OR
- Stalking
It is an offence to make false statements and can result in 12 months imprisonment, a fine of $1100.00 or both.
Breaching an AVO is a serious criminal offence and can result in a criminal conviction. The maximum penalty for breaching an AVO is 2 years imprisonment or a fine of $5,500.00 or both.
You do not require Police assistance to apply for an AVO. A private AVO (APVO) can be placed without police assistance. You can speak to one of our criminal defence lawyers or an Australian Legal Practitioner to assist you to complete and file an application to the Local Court, or you can download and file an application yourself from the Court’s website. It is recommended that you obtain legal advice before filing an application. The process can be complex and you may not have sufficient or admissible evidence to support your application. You will be required to pay a filing fee when you lodge your application and if your application is unsuccessful, you may be required to pay a court fee and costs to the other party.
An AVO is an enforceable court order for the safety and protection of an individual or group of people. There are two (2) types of apprehended violence orders:
1. Apprehended Domestic Violence Order (ADVO)
2. Apprehended Personal Violence Order (APVO)
ADVOs apply where incidents of alleged domestic or family violence offences have occurred. Domestic violence offences are an offence committed by one person against another person with whom the person who commits the offence has (or had) a domestic relationship. This means anyone you have or had an intimate relationship with such as a partner, child, roommate, etc.
Apprehended Personal Violence Orders apply where incidents of alleged personal violence offences have occurred. For example between friends, work colleagues, neighbours, etc.
Order 1 is the only mandatory order in an AVO. It applies to provisional, interim and final AVOs. It states:
You must not do any of the following to <protected people>, or anyone she/he/they has/have a domestic relationship with:
(a) assault or threaten her/him/they,
(b) stalk, harass or intimidate her/him/they, and
(c) intentionally or recklessly destroy or damage any property or harm an animal that belongs to or is in the possession of protected people.
This order will remain in place even if you successfully applied to have the AVO amended to remove other conditions.
You can apply to the Local Court to amend or revoke an AVO. However, it is unlikely that a Court will amend or revoke an AVO if:
a) The Police have made the application on behalf of the PINOP and hold concerns for the PINOP’s safety
b) The PINOP does not consent to the Order being changed or revoked
c) The Court is not satisfied that it is appropriate to do so
You are in breach of an ADVO/APVO if you fail to comply with any of the conditions set out in the order. For example, contacting the PINOP when the order states that you cannot them.
The Police regularly conduct compliance checks to make sure people are complying with their ADVO/APVOs, however, anyone can make a report to the Police that an order is not being complied with.
The Police will investigate the allegations and determine whether a breach has occurred. If they believe it has, you can be arrested and charged with contravene prohibition/restriction in AVO. You may or may not be granted bail, depending on the seriousness of the breach, and required to appear in Court at a later date.
Breaching an AVO is a serious criminal offence and can result in a criminal conviction. The maximum penalty for breaching an AVO is 2 years imprisonment or a fine of $5,500.00 or both.
Since 2007 domestic violence offences have been dealt with under Criminal Law. They are also governed by state legislation, meaning that NSW has its own legislation regarding domestic violence criminal offences. The victims of crime in such cases are considered persons with whom the accused has or a had a domestic relationship. This may be a current or ex-partner or even a sibling, child or parent. Young people and child related matter may become more severe and lead to other proceedings being commenced in the children’s court.
It is important to realise that domestic violence offences are dealt with in the same way that other criminal offences are dealt with by the Court. Do not take this lightly and seek legal advice as soon as you become aware of any charges being brought against you in that regard.
WE'RE IN IT TO WIN IT
Book your consultation
Contact Us
Jameson Law Offices
-
PO Box 73
Parramatta NSW 2124 - info@jamesonlaw.com.au
- 02 8806 0866
- 02 9052 0840
Contact Us
-
PO Box 73
Parramatta NSW 2124 - info@jamesonlaw.com.au
- 02 8806 0866
- 02 8046 6477
Jameson Law Offices
