Apprehended Violence Order

What Is an Apprehended Violence Order?

An Apprehended Violence Order (AVO) is a protective order issued by a court designed to protect a person from violence, stalking, intimidation, harassment, or threats.  In NSW, AVOs are usually applied for by the police, though individuals can also directly apply through the Local Court. 

An AVO is not a criminal charge. Instead, it imposes legally enforceable conditions on another person (the defendant) to prevent further harm, intimidation, or fear. However, breaching an AVO is a serious criminal offence and may result in significant penalties, including fines or imprisonment.

Types of AVOs

There are two primary categories of Apprehended Violence Orders in New South Wales:

• Apprehended Domestic Violence Orders (ADVOs)

• Apprehended Personal Violence Orders (APVOs)
  
  

Apprehended Domestic Violence Orders (ADVOs)

An ADVO is a legal order designed to protect a person from violence, harassment, intimidation, or stalking by someone with whom they have, or have had, a domestic relationship. ADVOs commonly arise following relationship breakdowns or incidents involving family or domestic violence. 

What Is a Domestic Relationship?

A domestic relationship may exist where the parties:

• Are or were married, in a de facto relationship, or in an intimate partnership

• Live or have lived together

• Are related by family

• Are in a carer relationship

• Are part of the same Aboriginal or Torres Strait Islander kinship system

Two people can also be considered to have a domestic relationship with each other if they have both had a domestic relationship of the types listed above with the same person. For example, a woman’s ex-partner and her current partner are regarded as having a domestic relationship with each other, even if they have never met.

Apprehended Personal Violence Orders (APVOs)

An APVO is sought when there is no domestic relationship, but protection is still required due to violence, threats, harassment, intimidation, or stalking.

These orders commonly arise in situations involving neighbours, acquaintances, colleagues, or other non-family relationships.

To make an APVO, the court must be satisfied that the protected person genuinely fears the defendant and that this fear is reasonable in the circumstances.

Provisional, Interim, and Final AVOs

Provisional AVOs
In New South Wales, police may issue a provisional AVO where they believe a person requires immediate protection. A provisional AVO takes effect as soon as it is served and generally remains in force until the matter is first listed before the Local Court.

Interim AVOs
An interim AVO may be made by the Local Court to provide temporary protection while the application is ongoing. It remains in place until the court makes a final determination of the matter.

Final AVOs
A final AVO is made after the court has considered all evidence and submissions from the parties. The order will remain in force for a period determined by the court, commonly 2 years, or longer where necessary to ensure the ongoing safety of the protected person.

Consequences of an AVO
Although an AVO is not a criminal conviction and can be accepted without any admission of guilt, it may still have significant long-term consequences. These can include:

• Appearing on police or employment background checks

• Restrictions or impacts on firearms licences

• Effects on Working With Children Checks

• Limitations on eligibility for security-related and other regulated licences