Apprehended Violence Orders (NSW)
In New South Wales, what is an Apprehended Violence Order (AVO)?
Apprehended Violence Orders (AVOs) are court orders that prevent the Respondent from doing certain harmful behaviours in order to protect you from further violence, intimidation, or harassment. All Apprehended Violence Orders decree that the person you fear, called the defendant, must not assault, harass, threaten, stalk, or intimidate you. Your property must be safeguarded as well. Other conditions can be added to an AVO to suit your specific situation.
Defendants must follow the AVO, otherwise they could risk a criminal offence.
There are two main types of AVOs:
01
Apprehended Domestic Violence Orders (ADVO)
- AVOs are issued where the involved parties are related, where they’re living in the same residence, or have previously been in an intimate relationship. For Aboriginal or Torres Strait Islanders, such orders may also be made for members of one’s kin or extended family.
- Apprehended Domestic Violence Orders (ADVOs)are also available to people who are or have been in a dependent care arrangement with another person.
- An ADVO may also be issued for people who are residing in the same residential facility.
02
Apprehended Personal Violence Order (APVO)
- An APVO is made where the people involved are not related and do not have a domestic relationship (i.e. they are neighbours or work together).
What is Domestic Violence?
Domestic Violence is behaviour towards another person that includes:
- Physical or sexual abuse
- Emotional or psychological abuse
- Economical abuse
- Threats or coercion
- Attempts to control or dominate another person, causing them to fear for their (or someone else’s) safety or wellbeing
What is Family Violence?
Family Violence is defined as:
- When someone is violent or is threatening to be violent towards a family member
- Any other behaviour that coerces or controls another family member, or causes them to be fearful
- This includes physical, financial, emotional, psychological and sexual abuse
Family members are:
- People who share intimate or personal relationships (i.e. married, de facto, or domestic partners)
- Parents and children (including stepchildren)
- Birth relatives, relatives through marriage or adoption
- People who you treat like a family member (i.e. caretaker, guardian, or person related to you within the familial structure of your culture)
- Anyone who used to be considered a family member in the past (including ex-partners)
Provisional or Temporary AVOs
If the police have fears for your safety after an incident, they can apply for a Provisional AVO for you. This is a temporary AVO. The police will let you know about the AVO and tell you when to come to court.
AVO Process
If you are concerned about being faced with immediate harm, you can apply for an urgent or interim order at any local court or at a magistrates’ court, depending on the legal system you are in. These orders can be made without notice to the Respondent and usually include provisions that protect your children as well.
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Apprehended Violence Orders FAQs
*How do I apply for an Apprehended Violence Order?
You can apply by contacting the police to create one on your behalf. Alternatively, you may apply for one at your Local Court.
Do I need a lawyer?
If the police apply for an AVO on your behalf, you do not need your own lawyer because the police prosecutor will present your case in court.
When you apply for an AVO yourself through the Local Court, seeking legal representation is recommended. You may be eligible for Legal Aid NSW, which can cover a lawyer to represent you in your ADVO application.
What happens when I go to court?
If the defendant has been served with the Application for an Interim AVO and fails to attend court without a valid reason, the magistrate can make an AVO in their absence.
At times, police may not have served the defendant before your first court date. In that situation, the Court will postpone the matter to allow more time for service.
You or the police may request a temporary AVO to protect you until the next court date. The magistrate may ask you to give brief evidence before granting an Interim AVO.
When can the Court make an Apprehended Violence Order?
A Court can make an AVO when:
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The defendant consents (agrees) to the order.
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The Court hears evidence and decides your fears for safety are reasonable.
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The defendant receives the AVO documents but fails to attend Court.
What happens if the defendant does not consent to the Apprehended Violence Order?
If you do not consent to an order, the magistrate will postpone your case to hear evidence and make a formal decision. The court may issue a temporary order in your favour until the hearing, called an interim AVO.
When the magistrate adjourns the matter for a hearing, you may receive a direction to provide written statements by a specific date. The court will then set another date to confirm that both parties have submitted their statements. Police will prepare these statements if they applied for the AVO on your behalf.
After both sides file their statements, the court will list the matter for a hearing. Attending the hearing is essential. If you fail to appear, the court may dismiss the AVO application. However, if the defendant does not attend, the magistrate can still make the AVO in their absence.”
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