Published: 1 May 2021
Last Updated: 9 July 2026
An Apprehended Violence Order (AVO) in New South Wales is a protective order, not a criminal charge. But breaching one is a criminal offence, and an AVO can restrict where you live and your contact with your partner and children. Responding to one properly, rather than reacting to it, is what protects your position.
At Morrisons Criminal and Traffic Law Specialists (https://morrisonslaw.com.au/services/criminal-law/domestic-violence/), our Accredited Specialists in Criminal Law, based in Wollongong and Campbelltown, appear in AVO and domestic violence lists across the Illawarra, South Coast, Campbelltown and Southern Highlands. Matthew Ward (https://morrisonslaw.com.au/team/matthew-ward/), Principal Solicitor at Morrisons, sets out how an order usually arrives:
“You might be at home on a Saturday night. There’s an incident. You may have an AVO within a couple of hours. And then you can’t see and contact your children.”
AVOs are made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). There are two types:
An Apprehended Domestic Violence Order (ADVO), where there is a domestic relationship between the parties,
An Apprehended Personal Violence Order (APVO), where there is no domestic relationship, for example neighbours or co-workers.
Where police are involved, police can make the application on behalf of the person in need of protection (PINOP). This is a Provisional Order and is automatically in place after police have made the application. If the Court then makes a final order, a standard final order runs for two years and comes with mandatory conditions, including not doing the following to the protected person (or anyone they have a domestic relationship with):
An AVO hearing in the Wollongong area is commonly listed within around three to four months, while more serious associated criminal cases can run for six to eighteen months. Where an AVO accompanies a domestic violence charge (https://morrisonslaw.com.au/news/what-to-expect-when-youre-charged-with-domestic-violence-in-nsw/), the two are usually managed together.
Yes. The conditions are not always all-or-nothing, particularly where children are involved. Matthew Ward explains how a no-contact condition can be made workable:
“We vary the conditions. For example, the no-contact condition can be varied to allow contact under a parenting plan or Family Court orders. The local court defers to the Family Court on custody, so you often run the two together and ensure the client is getting expert advice in both areas.”
This is why an AVO and the parenting issues behind it are often run side by side, with a criminal lawyer dealing with the order and a family lawyer dealing with the parenting arrangements.
Defending an AVO is about responding properly to the evidence and protecting your rights, not reacting emotionally. The same discipline that applies to criminal charges such as assault (https://morrisonslaw.com.au/services/criminal-law/assault-charges/) applies here.
Consider a husband charged with common assault and intimidation after an incident in front of the children, and served with an AVO removing him from the family home. The order is varied to allow contact under a parenting arrangement, a family lawyer is engaged for the parenting issues, and the matter proceeds to a hearing. He is found not guilty, and both the charge and the AVO are dismissed. The matter takes more than six months. As Matthew Ward notes, “you have to keep things moving in the meantime, because the court process can take time.”
The conduct that causes the most harm is breaching the order, even with the agreement of the protected person. Matthew Ward is emphatic:
“Do not breach the order, even by agreement with the other person. Breaching the AVO leads to further charges or custody. And do not try to resolve it privately once it is before the court. A protected person cannot allow you to breach an AVO, it is a court order.”
Breaching an AVO is a criminal offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), carrying a maximum penalty of two years imprisonment, a fine, or both. An agreement between you and the protected person does not make contact lawful while the order is in force.
Before the first mention date, and before you respond to the application or contact the protected person. Early advice means sensible variations can be sought and a defence prepared in time for the hearing, rather than scrambling at the last minute. The best time to get advice is as soon as the AVO is served, even if you’re at the police station under arrest.
What conditions can be included in an AVO?
An AVO is a protective order, not a criminal conviction, but breaching one is a criminal offence
There are two types: ADVO (domestic relationship) and APVO (non-domestic)
A standard final order commonly runs for two years, with conditions such as no contact and distance restrictions
Conditions can be varied, for example to allow contact with children under a parenting plan or Family Court orders
Breaching an AVO under section 14 carries up to two years imprisonment, even if the protected person agreed to the contact
Get advice before the first mention date and keep the matter moving, as cases can take six months or more
If you have been served with an AVO and want to understand your options, Morrisons offers a free initial consultation. Our team includes three Accredited Specialists in Criminal Law (Law Society of NSW), and we act for clients across the Illawarra, South Coast, Campbelltown, Southern Highlands and Macarthur regions, working alongside trusted family lawyers where parenting and contact are in issue.
Contact us (https://morrisonslaw.com.au/contact/) at our Wollongong office on 02 4227 3505 or our Campbelltown office on 02 4607 5070.
