AVO Lawyers Sydney

AVO Matters We Handle

An Apprehended Violence Order (AVO) is a Court order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) designed to protect a person from violence, threats, harassment or intimidation. While an AVO itself is a civil order rather than a criminal charge, it can significantly affect where you can live, your contact with children, your employment, and your right to hold a firearms licence.

There are two types: an Apprehended Domestic Violence Order (ADVO), made where the parties are or have been in a domestic relationship, and an Apprehended Personal Violence Order (APVO), made where they are not - for example, disputes between neighbours or co-workers. APVO matters often involve mandatory mediation before a hearing.

Defending an AVO Application

When you're served with an AVO application, you generally have three options, and it's important to get advice before choosing between them:

1. Consent without admissions - agreeing to the AVO being made without admitting to the allegations, often to avoid the stress and expense of a hearing where the conditions are manageable.
2. Negotiate conditions - we can negotiate with police or the private applicant to remove or amend overly restrictive conditions, such as allowing contact for child arrangements, in exchange for consenting without admissions.
3. Defend the application - if you dispute the allegations, the matter proceeds to a defended hearing where evidence is presented and a Local Court Judge decides whether the order is necessary on the balance of probabilities.

AVO Breach Charges

Breaching any condition of an active AVO is a serious criminal offence, carrying a maximum penalty of 2 years imprisonment and/or a fine of 50 penalty units. To secure a conviction, the prosecution must prove beyond reasonable doubt that a valid AVO was in force, that you were served with or aware of it, and that you knowingly contravened a condition.

Varying or Revoking an AVO

After a final AVO has been made, either the protected person or the defendant can apply to the Local Court to vary or revoke it if circumstances have genuinely changed. Applications from the protected person to relax conditions or revoke the order are generally given significant weight. Applications from the defendant require the Court to be satisfied that the change is proper, taking the protected person's safety into account. We can advise on whether an application is realistic in your circumstances.

AVO Conditions and Restrictions

Every AVO includes mandatory standard conditions preventing the defendant from assaulting, threatening, stalking, harassing or intimidating the protected person, or damaging their property. It's common for the conduct behind an AVO to also be charged separately as a criminal offence - see our intimidation and stalking page - so both matters often need to be handled together. Additional conditions can include: