Apprehended Violence Orders (AVO)
Clear advice for defendants and applicants navigating ADVO and APVO proceedings.
An Apprehended Violence Order, made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), is a civil order rather than a criminal conviction, but the process of contesting or complying with one carries serious real-world consequences. Where the parties are or were in a domestic relationship, it is called an Apprehended Domestic Violence Order (ADVO); where they are not, such as neighbours or work colleagues, it is called an Apprehended Personal Violence Order (APVO). Both orders are designed to protect a person from violence, harassment, intimidation or stalking, and can be applied for by police on a person’s behalf or privately by the person seeking protection.
While an AVO itself is not a criminal record, a breach of its conditions is a criminal offence, and the order can impose significant restrictions, from prohibitions on contact and approaching a home or workplace, through to conditions affecting firearms licences and, in domestic contexts, arrangements for children. Many AVO applications are also accompanied by a related criminal charge, such as common assault or intimidation, meaning the two proceedings frequently need to be considered together.
Defending or negotiating an AVO application requires a different approach from a criminal charge, because the civil standard of proof, the balance of probabilities, applies rather than the criminal standard of beyond reasonable doubt, and the order can be made final even where no criminal charge results. Understanding whether to consent to an order without admissions, contest it at hearing, or negotiate its conditions is a decision best made with proper advice on the specific facts.
Penalties
What you could be facing
| Penalty | Maximum | Notes |
|---|---|---|
| Interim (provisional) AVO | Immediate restrictions pending a final hearing | Can be made urgently by police or the Court, often without the defendant present, and remains in force until the matter is finalised. Conditions can include no-contact and exclusion from a shared home. |
| Final AVO | Typically made for 12 months to 2 years, or longer in serious cases | Made either by consent (without admissions) or after a contested hearing where the Court is satisfied on the balance of probabilities that the order is required. Not a criminal conviction in itself. |
| Breach of an AVO (s14 Crimes (Domestic and Personal Violence) Act 2007) | 2 years imprisonment and/or a fine of 50 penalty units ($5,500) | A criminal offence carrying its own maximum penalty. Where the breach involves an act of violence, section 14(4) requires the Court to impose full-time imprisonment unless satisfied that exceptional circumstances exist. |
| Aggravated breach (s14(1A) intent to cause harm; s14(1C) 3+ breaches within 28 days) | Up to 3 years imprisonment (s14(1A)); up to 5 years imprisonment and/or a fine of 150 penalty units ($16,500) (s14(1C)) | Higher maximum penalties apply where a breach is committed with intent to cause the protected person to fear harm, or where three or more breaches occur within a 28-day period. |
Possible Defences
Ways this charge can be challenged
Order not necessary or reasonable grounds not established
The applicant must satisfy the Court that the person in need of protection has reasonable grounds to fear, and in fact fears, violence, harassment, intimidation or stalking. Evidence can be led to show that the fear alleged is not genuinely held, is not reasonable in the circumstances, or that the incidents relied upon have been exaggerated or mischaracterised.
Consent without admissions
A defendant can agree to an AVO being made without accepting or admitting any of the allegations contained in the application. This resolves the civil proceedings, avoids a contested hearing, and, because it involves no admission of fact, cannot later be used as an admission in any related criminal proceedings, making it a common and often sensible resolution where the conditions offered are workable.
Cross-application and mutual conduct
In situations involving a genuine dispute between two parties, it may be appropriate to file a cross-application seeking a matching order, or to lead evidence showing that the conduct complained of was mutual or provoked, which can affect whether an order is made against one or both parties and on what conditions.
Defective or overly broad conditions
Even where some form of order is accepted as appropriate, specific conditions, such as exclusion from a shared property, non-contact provisions that prevent necessary co-parenting communication, or restrictions that go further than needed to ensure protection, can be challenged and negotiated so that the final order is no broader than the circumstances require.
What Happens Next
The Local Court process
- 01
An AVO application is filed by police or privately by the person seeking protection, and the Local Court can make an interim order at this stage, often without the defendant appearing, to provide immediate protection while the matter is finalised.
- 02
The defendant is served with the application and interim order and given a first return date in the Local Court, at which point they can indicate whether the order is opposed or will be consented to.
- 03
If contested, the matter is listed for a hearing where evidence is called from both the applicant and defendant, and the Court decides on the balance of probabilities whether a final order is warranted.
- 04
If consented to, the order can be finalised on the papers, usually without admissions, once the specific conditions have been agreed or settled by the Court.
- 05
Where a related criminal charge exists, such as assault or intimidation, that charge proceeds through its own criminal process, though the two matters are often listed together and the outcome of one can affect the other.
- 06
Once a final order is made, it remains in force for the period specified, and any breach of its conditions can be reported to police and prosecuted as a separate criminal offence.
Sentencing
What courts consider at sentencing
Sentencing for a breach of an AVO turns heavily on what the breach actually involved: incidental or accidental contact is treated very differently to a breach that involved further violence, harassment, intimidation, or a deliberate attempt to contact or approach the protected person. Where the breach involved an act of violence, section 14(4) of the Crimes (Domestic and Personal Violence) Act 2007 requires the Court to record a conviction and impose full-time imprisonment, unless satisfied that exceptional circumstances exist.
Beyond the nature of the breach itself, courts consider whether it is a first breach or part of a pattern, the extent to which it caused fear or distress to the protected person, and any steps taken since, such as engagement with a behaviour change program. An early guilty plea to the breach charge still attracts the usual sentencing discount, but this operates within the constraint imposed by section 14(4) where violence is involved.
Where a breach did not involve violence, a full range of outcomes remains available under the Crimes (Sentencing Procedure) Act 1999: an outright dismissal under section 10(1)(a), a Conditional Release Order under section 10(1)(b), through to a fine or a term of imprisonment up to the applicable maximum, depending on the seriousness of the breach and the circumstances of the person charged.
Next Steps
If you've just been charged
Read the order carefully and understand exactly what it prohibits. Conditions can be more restrictive than expected, including provisions about a shared home, contact through third parties, or contact via social media, and a breach can occur without any intention to cause harm.
Don't contact the protected person directly or through anyone else, including to apologise or explain your side of events, unless the order specifically permits it. Even well-intentioned contact can constitute a breach.
If a condition seems unworkable, for example because it conflicts with an existing parenting arrangement, raise this through your lawyer so it can be varied through the proper process, rather than departing from the order yourself.
Keep a factual record of relevant dates, communications and events. This is relevant whether you are the person who applied for the order or the person it has been made against.
Get legal advice before your first Court date, and before deciding whether to consent to an order or contest it. The decision made at that early stage can affect both the AVO proceedings and any related criminal charge.
Frequently Asked Questions
Common questions
No. An AVO is a civil order intended to prevent future violence, harassment or intimidation, and having one made against you is not itself a criminal conviction. However, it can still appear in some background and working with children checks, and breaching its conditions is a criminal offence in its own right.
Consenting without admissions means agreeing to the order being made to resolve the proceedings, while not accepting that the specific allegations in the application are true. It is a common and often pragmatic way to bring a matter to a close, particularly where the conditions offered are workable and a contested hearing would be costly and stressful for both parties.
It depends on the specific conditions of the order. Many ADVOs include an exception allowing contact for the purposes of arrangements under a parenting order or agreement, but this needs to be carefully drafted into the order itself. It is not automatic, and existing family law arrangements should be considered before the order is finalised.
Any breach of an AVO’s conditions, including incidental contact, can be reported to police and result in a separate criminal charge carrying up to 2 years imprisonment. If contact is unavoidable, for example, at a shared workplace, this should be raised when the order is being drafted so a suitable exception can be included.
Yes. A final AVO automatically affects a person’s ability to hold a firearms licence under the Firearms Act 1996 (NSW), and certain occupations that require a clean background or working with children check can also be affected. This is an important factor to weigh when deciding whether to contest or consent to an application.
You should attend as required, but it is advisable to seek legal advice beforehand where possible, or to ask the Court for a short adjournment to obtain advice if you have only just been served. Decisions made at the first mention, such as consenting to interim conditions, can affect the rest of the proceedings.
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