If you are wondering what happens if you get an AVO in NSW, it is important to understand that an AVO does not automatically mean you have committed a criminal offence. Instead, it is a legal order that sets conditions on a person’s behaviour to protect someone who fears they may experience personal violence or threatening conduct.
In New South Wales, a person can seek an AVO if they have reasonable grounds to fear that another person may engage in violence, intimidation, harassment, stalking or other prohibited behaviour.
The person who applies for protection is known as the protected person, while the person the order is made against is called the defendant.
An AVO application can begin in several ways. A protected person can make a private application, a lawyer can assist with preparing the application, or NSW Police can apply for an order on behalf of a person they believe requires protection. Understanding the AVO process and your legal rights is important if you have been served with an application.
For more information about AVOs in NSW, you can view the Crimes (Domestic and Personal Violence) Act 2007 (NSW) and the Local Court of NSW resources.
What Are the Different Types of AVOs in NSW?
NSW has two main types of Apprehended Violence Orders. The type of AVO depends on the relationship between the parties.
| Type of AVO | When It Applies |
|---|---|
| Apprehended Domestic Violence Order (ADVO) | Applies where the parties are related, in a domestic relationship, previously had a relationship, or live together. |
| Apprehended Personal Violence Order (APVO) | Applies where the parties are not in a domestic relationship, such as disputes between neighbours or acquaintances. |
What Conditions Can an AVO Include?
The Court can impose conditions it considers necessary to protect the protected person and any children involved.
Every AVO is different. The conditions depend on the circumstances of the matter.
Common AVO conditions may prevent the defendant from:
- Assaulting or threatening the protected person.
- Harassing, intimidating or stalking the protected person.
- Damaging the protected person’s property.
- Harming animals belonging to or cared for by the protected person.
- Contacting the protected person.
- Approaching the protected person’s home, workplace or other locations.
Some AVO conditions can affect where a person can live, who they can contact and how they communicate with family members.
What Happens If You Receive an AVO Application?
If someone applies for an AVO against you, the Local Court will usually issue documents that include a hearing date.
You should obtain legal advice as soon as possible after receiving an AVO application. An AVO can have serious consequences, even though it is not itself a criminal charge.
You generally have two options:
| Option | What It Means |
|---|---|
| Consent to the AVO | You agree to the order being made. This does not mean you admit the allegations. |
| Oppose the AVO | You dispute the application and ask the Court to decide whether the order should be made. |
If you choose to oppose the AVO, you should attend the Court hearing and prepare your evidence. If you do not attend, the Court may make the order in your absence.
How Does the Court Decide Whether to Make an AVO?
The Court considers the evidence presented by both parties when deciding whether to make an AVO.
The protected person generally needs to show that:
- They have a genuine fear of violence, intimidation or stalking.
- The fear is reasonable in the circumstances.
- The defendant may commit personal violence or engage in prohibited behaviour.
The Court applies the civil standard of proof, which means the protected person must establish their case on the balance of probabilities.
Evidence may include:
- Written statements.
- Police records.
- Messages or other communications.
- Witness evidence.
- Oral evidence given at the hearing.
What Happens If an AVO Is Made Against You?
If the Court makes an AVO against you, you must carefully follow every condition included in the order.
An AVO is not a criminal conviction and does not mean you have been found guilty of a criminal offence. However, it can still have significant consequences.
An AVO may affect:
- Family law parenting matters.
- Employment opportunities.
- Firearm licences.
- Future legal proceedings.
If an AVO is made, the defendant must surrender any firearms in their possession or control as required by law.
What Happens If You Breach an AVO?
Breaching an AVO is a criminal offence.
A person who breaches an AVO may face:
| Consequence | Possible Impact |
|---|---|
| Criminal charge | A breach may result in a criminal record. |
| Financial penalties | The Court may impose fines depending on the circumstances. |
| Imprisonment | Serious breaches can result in a term of imprisonment. |
Even minor breaches can have serious consequences. You should obtain legal advice if you believe you may have breached an AVO.
Can an AVO Affect Family Law Matters?
AVOs often overlap with family law issues, particularly where children are involved.
An AVO should not be used simply to prevent a parent from spending time with their children without proper reasons. However, the existence of an AVO may be relevant when the Court considers parenting arrangements and family violence issues.
The Federal Circuit and Family Court of Australia considers family violence when determining what arrangements are in the best interests of children.
Common Questions About AVOs in NSW
Is an AVO a criminal charge?
No. An AVO itself is not a criminal charge and does not mean a person has committed an offence. However, breaching an AVO is a criminal offence.
Can I fight an AVO in NSW?
Yes. A person who receives an AVO application can oppose the order and present evidence to the Court.
Do I need a lawyer for an AVO?
You are not required to have a lawyer, but legal advice can help you understand the allegations, prepare evidence and protect your interests.
How long does an AVO last in NSW?
The length of an AVO depends on the circumstances of the matter and the order made by the Court.
Getting Legal Advice About an AVO
AVO matters can involve complex personal circumstances, family relationships and serious legal consequences.
Whether you need help applying for an AVO, responding to an application, or negotiating conditions, an experienced criminal lawyer can help you understand your options.
This information is general only and you should obtain professional advice relevant to your circumstances before taking any course of action.
We have experience assisting clients with all types of AVO matters, including applying for, opposing and negotiating AVOs.
If you or someone you know wants more information or needs help or advice, please contact us on (02) 4987 3344 or email [email protected].