Being served with an Apprehended Violence Order (AVO) can be a highly stressful and confusing experience. In New South Wales, an AVO is a Court order designed to protect a person from violence, threats, harassment, or intimidation. While an AVO itself is a civil order and not a criminal charge, the implications of having one made against you are significant. It can affect your living arrangements, your ability to see your children, your employment, and your right to hold certain licences, such as a firearms licence.
At NS Criminal Lawyers and Associates, our experienced Sydney AVO lawyers provide strategic, carefully prepared advice to help you navigate the complexities of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Whether you are responding to a police-initiated application or a private application, we offer thorough, criminal defence-focused representation to protect your rights and your future.
In NSW, there are two distinct types of Apprehended Violence Orders, categorized by the relationship between the parties involved:
An ADVO is made when the people involved are or have been in a "domestic relationship." This broad definition includes current or former spouses, de facto partners, intimate partners, relatives, people living in the same household, and in the case of Aboriginal or Torres Strait Islander people, extended family or kinship groups.
An APVO is made when the people involved are not in a domestic relationship. This typically applies to disputes between neighbours, co-workers, acquaintances, or strangers. The Court process for APVOs often involves mandatory mediation before a hearing can take place.
Crucially, an AVO is a protective order, NOT a criminal conviction. Consenting to an AVO or having one made against you by a Local Court Judge does not give you a criminal record. However, a conviction can result in a criminal record and may affect employment, travel, professional licensing, visa applications and other aspects of your life if you are charged with and convicted of breaching the order.
AVO applications can be initiated in two ways: by the police or privately.
Every AVO contains mandatory standard conditions (Condition 1), which state that the defendant must not assault, threaten, stalk, harass, or intimidate the protected person, nor intentionally or recklessly destroy or damage their property.
Depending on the circumstances, the Court or police may seek additional conditions, which can severely restrict your freedom. These may include:
When you are served with an AVO application, you have several options. It is critical to seek experienced legal advice before making a decision, as the consequences are far-reaching.
While an AVO is a civil order, breaching any condition of an active AVO is a serious criminal offence. Under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), the maximum penalty for contravening an AVO is 2 years imprisonment and/or a fine of 50 penalty units.
To secure a conviction for a breach, the prosecution must prove beyond a reasonable doubt that:
If the breach involves an act of violence against the protected person, the legislation mandates that the Court must consider imposing a custodial sentence (jail time) unless there are exceptional circumstances.
At NS Criminal Lawyers and Associates, we provide thorough, strategic representation for all AVO matters. We understand the nuances of domestic violence legislation and the profound impact these orders have on families and individuals. We will carefully prepare your case, negotiate with police prosecutors, and provide formidable advocacy in the Local Court to protect your interests.
Common questions regarding Apprehended Violence Orders in NSW.
Author: Muhammad Siddique, Criminal Defence Lawyer | Reviewed by: NS Criminal Lawyers and Associates | Last reviewed: June 2026 | Jurisdiction: New South Wales
The information on this website is general information only and is not legal advice. You should obtain legal advice about your specific circumstances.
