Apprehended Violence Orders (AVO) in Australia: Protecting Victims of Domestic Violence

An Apprehended Violence Order (AVO) is a legal order designed to protect individuals from domestic violence, threats of violence, or harm. It is often referred to as a restraining order or protection order. If you fear future violence, threats, or harassment, you can apply for an AVO.

There are two primary types of AVOs:

  1. Apprehended Domestic Violence Order (ADVO): An ADVO applies when the individuals involved share a domestic relationship. This includes situations where the parties are:
    • Married or in a de facto relationship
    • Living together in the same household
    • Related (such as a blood relative or caregiver)
    • In a caring relationship (e.g., a nurse caring for a disabled person)
  2. Apprehended Personal Violence Order (APVO): An APVO applies to situations where there is no domestic relationship between the parties. Examples include:
    • Friends or acquaintances
    • Work colleagues
    • Neighbours

Any person over the age of 16 or a Police Officer can apply for an AVO on behalf of someone who needs protection. This includes victims of:

  • Physical or sexual assault
  • Threats of physical harm
  • Stalking, harassment, or intimidation

If the victim is a child, only a police officer can apply for an AVO.

An AVO is not a criminal charge but rather sets restrictions on the other person’s behaviour to ensure your safety.

After applying for an AVO, your case will be scheduled for a court mention. During the first mention date, the court will determine the defendant’s response.

  • Consent to the AVO: If the defendant agrees to the AVO (without admitting guilt), the court may issue a final order for up to two years.
  • Disagreement with the AVO: If the defendant opposes the AVO, further hearings may be scheduled, and written statements may be required.

During the hearing, the court will decide whether an AVO is necessary based on evidence. If granted, the AVO will last up to two years. If the court deems the application vexatious or frivolous, it may be dismissed.

In some cases, mediation may be suggested for personal violence applications to reach a resolution. If an agreement is made, it may result in an undertaking, though this is not a court order.

While an AVO is not a criminal conviction and won’t show up on your criminal record, it can significantly impact various aspects of your personal and professional life. These may include:

  • Family law matters, particularly in child custody decisions
  • Firearms licence suspension by the police
  • Security licences: If your work requires a firearms licence (e.g., Class 1F or P1F), an AVO can affect your ability to work in these roles.
  • Working with Children Check: An AVO may be considered when applying for employment or volunteer positions with children.
  • Rental property tenancy: AVOs can potentially affect your ability to rent properties.

Breaching an AVO is a serious offence, and the prosecution must prove that the breach was intentional. If the breach involves violence, it can result in severe penalties, including:

  • Up to 2 years imprisonment and/or a $4,400 fine.

If you’ve been charged with a Domestic Violence (DV) offence in New South Wales (NSW), it’s crucial to recognise the serious nature of the situation. Domestic violence charges can have severe legal consequences, impacting your freedom, reputation, and future.

Choosing an experienced domestic violence defence lawyer in NSW can be the key difference between avoiding conviction and facing incarceration.

In NSW, both the police and courts treat domestic violence as a significant criminal offence. With domestic violence laws becoming increasingly strict, it is essential to seek professional legal assistance as soon as possible.

At Criminal Lawyers Sydney, we offer exceptional defence against domestic violence charges, led by Award-Winning Principal Lawyer Sherleen Chand. Widely recognised as Sydney’s leading domestic violence defence lawyer, Ms Chand is known for her unwavering commitment to securing the best possible outcomes for her clients.

With years of experience in domestic violence law, Ms Chand’s expertise and dedication make her a trusted advocate for anyone facing serious DV charges in Sydney.

Ms. Chand’s proven expert legal advice and dedication have earned her a reputation as a trusted leader in domestic violence defence across Sydney and New South Wales (NSW). When confronted with serious domestic violence charges, you can rely on her for clear, focused, and powerful legal representation.

Need help on how to apply for AVO or defend an AVO? Call our AVO lawyers in Sydney on (02) 9152 8619 to book a free consultation.