What Is an AVO and How Does It Work in NSW?

When tensions rise, whether at home, in a relationship, or in the community—your safety becomes the top priority. In New South Wales, one of the primary legal tools used to prevent violence or intimidation is an Apprehended Violence Order (AVO). But what is an AVO, how does it work, and what are your rights if you’re involved?

This guide explains everything you need to know about AVOs—from who can apply, to what happens if one is made against you, to how it can affect your work, travel, and family life.

This guide is for:

• Anyone who feels unsafe and wants to know their legal options
• People facing an AVO application and unsure about their rights
• Family, friends, and support workers trying to understand the AVO process
• Community members and professionals who want to learn how AVOs function under NSW law

Whether you’re involved in a domestic dispute, experiencing harassment at work, or simply want to understand how AVOs operate in NSW, we’ve got you covered.

By the end of this guide, you’ll understand:

• What an AVO is (and isn’t)
• The two different types of AVOs and when they apply
• Who can apply for an AVO and how to apply for one
• What the court considers when deciding to make one
• The typical conditions included in an AVO
• What to do if an AVO is made against you
• The legal consequences of breaching an AVO

Getting Legal Help

At Morrisons, we’re legal experts in NSW domestic and personal violence law, and our goal is to help you navigate this process with confidence, clarity, and support. If you are applying for an AVO on your own, or are the defendant named on an AVO, you can book a free initial consultation with one of our lawyers or by calling (02) 4227 3505.

What does AVO actually mean?

An Apprehended Violence Order (‘AVO’) is a court order that prohibits or restricts a person from engaging in certain conduct. AVO’s are designed to protect people from actual or threatened violence, stalking, intimidation and harassment.

AVOs are not criminal charges in themself — but breaching one is a criminal offence.

There are two types of AVO’s in NSW:

• Apprehended Domestic Violence Order (ADVO) – made to protect a person where a ‘domestic relationship’ exists between the parties.
  • ‘Domestic relationship’ is defined broadly and includes partners, intimate relationships, people who reside together, relatives and in the case of Aboriginal or Torres Strait Islander people, those who are part of the same extended family or kin.
• Apprehended Personal Violence Order (APVO) – made where the parties don’t share a domestic relationship, for example co-workers or neighbours.

Apprehended Domestic Violence Order (ADVO)	Apprehended Personal Violence Order (APVO)
This type of order is made when people involved have a domestic relationship – under NSW law, this can include:  Married or de facto partners  People who live together  Relatives (by blood or marriage)  Former partners or ex-spouses  Members of the same extended family or kinship group.	This type of order is made when the people involved do not have a domestic relationship.  Common examples include:  Neighbours  Co-workers  Friends or acquaintances  Strangers
An ADVO is often sought in situations involving domestic violence, controlling behaviour, threats, or emotional abuse.	If you’re being harassed, stalked, or threatened by someone you’re not in a domestic relationship with, an APVO may be the right path.

How is an AVO Made?

There are two main ways an AVO can come before the court:

1. Through Police – Police can apply for an AVO on behalf of someone, especially in urgent situations (e.g., after a domestic violence incident).
2. Private Application – An individual can apply for an AVO themselves at a Local Court. This usually involves a hearing where both sides present their case.

In either case, the court will only make an order if it is satisfied that the protected person fears violence or intimidation, and that this fear is reasonable.

What is the process for applying for an AVO?

So you’ve heard about AVOs, maybe from a friend, maybe from the news, or maybe because you’re thinking of applying for one (or have had one made against you). Either way, knowing the actual process of how Apprehended Violence Orders work in New South Wales is crucial.

Whether it’s through the police or a personal application, here’s your step-by-step guide to how an AVO goes from just a piece of paper to a powerful legal protection tool.

If the Police Are Involved: The Fast-Track AVO

Let’s say there’s been a domestic dispute or a violent incident. The police arrive, and they’re concerned someone is at risk.

In these situations, police can step in and apply for an AVO on your behalf, even if you don’t ask for it.

 Here’s how it plays out:

1. Police attend the scene or receive a complaint about violence, threats, or harassment.
2. If they think someone needs protection, they’ll apply for an immediate provisional AVO (a temporary order that kicks in straight away).
3. This provisional AVO stays in place until the court hearing, often within a few weeks.
4. On the first court date, the defendant can:
   • Agree to the order (called consenting without admissions)
   • Oppose the order and ask for a hearing
   • Ask for an adjournment to get legal advice.
5. If they challenge it, the court will set a final hearing date, and any interim orders will continue in the meantime.
6. At the final hearing, the magistrate decides whether to issue a final AVO.
   

Even if the protected person doesn’t want the order, police can still proceed if they believe there’s a safety risk, especially in domestic violence cases.

Private AVO’s 

Not every situation involves police. Maybe the harassment is ongoing, but you haven’t called 000. Maybe the threat isn’t physical,  but it’s still real. That’s where private AVO applications come in.

Here’s how it works:

1. You head to your Local Court and speak to someone at the registry. You’ll need to explain why you’re seeking an AVO and what’s been happening.
2. Once accepted, you’ll be given a first court date, and the person you’re seeking protection from will be formally served.
3. At the first hearing, the defendant can:
   • Agree to the order
   • Dispute it
   • Ask for more time
4. If it’s disputed, the matter is set down for a final hearing, and any interim protections stay in place.
5. The court decides whether to grant a final AVO based on the evidence. 

Need Legal Help?

You don’t need a lawyer to apply,  but having one can make a huge difference, especially if the other party contests the order.

If you are applying for an AVO on your own, or are the defendant named on an AVO, you can book a free initial consultation with one of our lawyers or by calling (02) 4227 3505.

What’s an Interim AVO?

Think of it like a legal safety net.

If the court believes someone’s at immediate risk, they can issue an interim AVO, a temporary order that kicks in before the full case is heard. This can happen in both police and private applications. 

Interim orders: 

• Provide temporary protection 
• Are legally binding 
• Carry the same penalties for breaches as final AVO’s 

And yes, breaching an interim AVO is a criminal offence, just like breaching a final one.

What Happens in Court?

AVO court hearings aren’t like what you see on TV dramas, but they are serious. Here’s what the court looks at:

• Does the applicant have a genuine fear of violence, harassment, or intimidation?
• Is that fear reasonable?
• What’s the evidence? (Think: text messages, witness statements, past police reports)

Three possible outcomes:

1. The magistrate issues a final AVO (usually for 1–2 years, but sometimes more).
2. Dismiss the application if there’s insufficient evidence. 
3. The parties reach an agreement, often with slightly modified conditions.

Step	Police AVO	Private AVO
Who applies	NSW Police	Individual
When used	After police attend an incident or concern is raised	When someone feels unsafe but hasn’t contacted police
Interim protection	Provisional AVO granted immediately	Interim AVO can be requested from the court
Court hearing	Usually within weeks	First hearing scheduled after filing
Final AVO	Determined by a magistrate at hearing	Determined after evidence is presented by both parties

What do the Conditions of an AVO Include?

Let’s talk about what an AVO actually says – because it’s not always “no contact forever.” 

Every AVO has three mandatory conditions that provide protection to the person in need of protection as well as anyone they have a domestic relationship with. These conditions are, that the defendant must not do any of the following:

1. Assault or threaten them
2. Stalk, harass or intimidate them, and
3. Intentionally or recklessly destroy or damage any property that belongs to or is in the possession of them.

The mandatory conditions are designed to provide protection, but do not exclude the defendant from doing anything usual.

A court can also make additional conditions if it decides that it is necessary in the circumstances to provide protection.

Mandatory vs Additional Conditions

Condition Type	Applies To	Condition
Mandatory Conditions	All AVO’s	No assaults or threats  No stalking, harassment or intimidation
Additional Conditions	Case-by-case	Not to contact the protected person in any way, unless through a lawyer. Not to approach their school or other place of study, place of childcare or another specified place. Not to approach or be in the company of the protected person for at least 12 hours after drinking alcohol or taking illicit drugs. Not to live at the same address as the protected person or another specified address. Not go into or within a certain distance of a place the protected person lives, works or another specified place. Not to possess firearms or prohibited weapons.

What Can I do if I Have Been Served With an AVO?

When you are served with an application for an AVO, it will tell you the date you have to go to court. Before this date, you must decide how you want to respond to the application, it is a good idea to get legal advice before your court date.

There are a number of options:

Mediation

If you have been served with an application for an APVO, unless there is a good reason not to, you must attend mediation. The mediation is an opportunity to discuss the matter with the protected person and a mediator. In some cases, mediation can result in an agreement between the parties.

Give an undertaking to the court

If the applicant agrees, you may make an undertaking or a formal promise to the court not to do certain things. An undertaking is not legally enforceable, and it is not an offence if you breach an undertaking.

Consent to the AVO

If you agree to the AVO being made against you, you can consent to it. This means the court will make an order in the conditions in the application. You can consent to the AVO with or without admitting to the truth of the facts in the application. Consenting to an AVO can save the cost, time and stress of defending the application.

Oppose the application

If you don’t agree to the AVO, your matter will be adjourned to a later date for a hearing. On the hearing date the applicant will present the evidence they rely on and the defendant will get to present any evidence in their defence. The court will then decide whether an AVO should be made.

Make a cross application

If you also fear the protected person, you are entitled to make a cross application, for your own protection.

What Happens if I Breach an AVO?

While an AVO is not recorded on someone’s criminal record, breaching an AVO is a criminal offence and can have serious consequences.

A person who knowingly contravenes a prohibition of restriction specified in an AVO is guilty of an offence. This offence carries a maximum penalty of 2 years imprisonment, a fine of $5,500 or both.

James, a disability support worker, was served with an ADVO after a dispute with his ex-partner. A condition of this order was not to contact her at all.  A few weeks later, he sent her a message on Instagram asking to “talk things out.” Even though the message was calm and non-threatening, it breached the no contact condition of the AVO. James was charged with contravening the ADVO and was later convicted of a criminal conviction. As a result, he lost his job working with vulnerable people, had his working with children check revoked, and was later denied a visa to the United States.

Does an AVO go on Your Criminal Record?

Does an AVO go on your criminal record is one of the most common – and misunderstood – questions about AVO’s. 

Here’s the truth:

An Apprehended Violence Order (AVO) is a civil matter, not a criminal conviction. So, just having an AVO made against you won’t appear on your criminal record.

BUT — and this is a big but — breaching an AVO is a criminal offence. And that’s where the real legal consequences kick in.

A breach can lead to:

• A criminal conviction
• A fine of up to $5,500
• Up to 2 years in prison
• And lasting impacts on employment, travel, parenting rights, and visas

Even without a breach, having an AVO against you can still raise red flags in background checks for things like security clearances, working with children checks, or travel visas.

Family Law Considerations

AVOs and family law often overlap, especially when children are involved.

If you’re in a parenting dispute and there’s an AVO in place, the Family Court can take that into account when deciding who gets custody, how contact happens, or whether supervised visits are required.

The court’s number one priority? The safety and wellbeing of the children and the protected person.

AVOs (Apprehended Violence Orders) can significantly affect parenting arrangements, including custody and access.

• Courts take the existence of an AVO into account when making decisions about family law matters.
• These cases are often complex and emotionally sensitive, so it’s very important to seek legal advice to understand how an AVO might impact your family law situation.
• The court’s top priority is the safety and wellbeing of the protected person and any children involved.
• AVOs and family law often overlap, especially when children are involved.
• If there is an AVO in place during a parenting dispute, the Family Court may consider it when deciding:
  • Who gets custody of the children
  • How contact or visitation is arranged
  • Whether visits need to be supervised for safety 
• AVOs can influence:
  • Whether shared custody is possible
  • How handovers are conducted
  • Whether contact should be limited or restricted altogether

Because of these impacts, it is essential to get legal advice if you’re facing both family court and AVO proceedings — especially if you’re a parent.

Consequences for the Defendant

Even if no crime has been committed, an AVO can affect you in many ways. Courts may impose restrictions that: 

• Limit where you go. You may be prohibited from attending certain locations, such as the protected persons home or workplace.
• Limit your communication: You may not be able to contact the protected person at all, or only in certain circumstances e.g through a lawyer. 
• Prevent you from living at home or seeing your children
• Ban you from owning firearms 
• Prevent you from seeing the protected people within 12 hours of drinking alcohol or consuming illicit substances. 

While an AVO is a civil order, breaching its terms is a criminal offence. A breach can lead to:

• Criminal charges on your record
• Fines or imprisonment, depending on the severity of the breach
• Compounded legal issues, especially if the breach leads to further allegations or criminal behaviour

Beyond legal penalties, an AVO can deeply affect your personal and professional life:

• Reputation damage: Allegations leading to an AVO—even unproven ones—can tarnish your reputation in your community, workplace, and social circles.
• Employment risks: Some employers may see an AVO as a red flag, especially if your role involves working with vulnerable people, travelling to restricted areas, or requires a clean record.
• Relationship breakdowns: Being subject to an AVO can place immense strain on family life, potentially limiting or entirely cutting off contact with loved ones, including children.

AVOs are not criminal convictions, but the consequences for the defendant can be life-altering. Don’t navigate it alone, legal support can make all the difference in protecting your rights and your future.

Rights and Protections for the Protected Person

If you’re the person seeking protection, here’s what you should know:
You have the legal right to feel safe.

An AVO can:

• Stop someone from contacting or threatening you
• Protect your children, home, or workplace
• Be enforced by police if the order is breached

As the protected person, you have the right to seek legal advice and be represented in court. Whether you’re applying for an AVO yourself or the police are applying on your behalf, having legal support can help you navigate the process and ensure your concerns are clearly and confidently presented in court.

Legal aid services and community legal centres, often offer free legal support for individuals seeking protection under an AVO.

If you feel unsafe — even after an AVO is made — you should report any breach to police immediately. Breaches are taken seriously, and police are required by law to act. 

There are also support services available to help you with:

• Counselling
• Court advocacy
• Crisis accommodation
• And more

Your safety matters. So does your voice. You don’t have to go through this alone.

Enforcement and Police Responsibilities

When it comes to Apprehended Violence Orders (AVOs), the role of police is not just important—it’s central. Police are responsible for enforcing the conditions of an AVO, investigating breaches, and ensuring the safety of the protected person at every stage of the process.

Investigating Breaches and Responding to Risk

If an AVO is breached—whether through contact, intimidation, or any other prohibited behaviour—police are required by law to respond. A breach of an AVO is a criminal offence and can result in immediate arrest, charges, and potential court proceedings.

Police can:

• Investigate reports of breaches swiftly and thoroughly
• Collect evidence, including statements, digital records, and witness accounts
• Take immediate protective action, including removing the defendant from a situation or applying for additional orders 

Supporting Victims Throughout the Process

Police don’t just enforce AVOs—they are also a key point of support for victims. Officers can assist you in:

• Filing for an AVO, especially in urgent or emergency situations
• Explaining your rights and the legal process in plain language
• Referring you to support services, including crisis accommodation and legal aid
• Safety planning, helping you take practical steps to reduce risk and stay protected 

Many police stations have specialist Domestic Violence Liaison Officers (DVLOs) who are trained to provide guidance and support throughout the AVO process.

A Coordinated Approach: Police, Courts, and Support Services

Enforcement doesn’t happen in isolation. Police regularly work with courts, legal professionals, and community organisations to ensure a consistent and coordinated response to domestic and family violence.

This collaboration helps ensure that:

• AVO applications are supported by strong evidence
  Victims are connected to counselling and crisis services
• Ongoing risks are identified and addressed proactively

If you’re feeling unsafe, know that the police are there to protect you. Their role is not only to enforce the law but to ensure you are heard, respected, and safe throughout the entire process.

Family Members and AVOs

Apprehended Violence Orders (AVOs) are designed to protect individuals from violence, threats, or intimidation—but the impact of an AVO often extends beyond just the two people directly involved. Family dynamics can be complex, and AVOs may affect children, other relatives, or even family members who are named as defendants.

Protection for Children and Relatives

AVOs can include protection for children and other family members if they are considered at risk. This means the order can prohibit a defendant from approaching or contacting not just the primary protected person, but also their children, siblings, parents, or anyone else named in the order.

The court will always prioritise the best interests and safety of any children involved. This includes considering whether exposure to conflict or unsafe environments could be harmful to a child’s wellbeing.

When Family Members Are Named as Defendants

In some cases, a family member—such as a spouse, partner, sibling, or even a parent—may be named as the defendant in an AVO. This can lead to difficult emotional and legal challenges within the family, especially if shared living arrangements or parenting responsibilities are affected.

It’s important for both protected persons and defendants to know that each party has the right to legal advice and representation. Lawyers can help explain how the AVO may impact parenting arrangements, contact with children, and any ongoing legal obligations.

Balancing Protection With Fairness

Courts aim to strike a careful balance: protecting those at risk while ensuring a fair legal process for the person subject to the order. Evidence must be considered, and any decision to impose or extend an AVO is made with both safety and fairness in mind.

If children are involved, the court will take into account any family law matters, including parenting orders or custody arrangements. In some cases, the Family Court may need to become involved to resolve conflicts between AVOs and family law decisions.

How To Recover Property Under an AVO

If property has been left with the defendant or the protected person, and an AVO prevents you from collecting it, you can apply to the court for a property recovery order. 

This is a court order that sets out how the property should be returned. In the application, you need to set out what you need to collect. This should only include things that you reasonably need such as clothes, personal documents, children’s belongings or work items. A court cannot make an order about items if there is a dispute as to who owns them.

Getting Legal Help

If you need your property urgently and cannot wait until your matter is heard in court, you can contact the police who may be able to assist you in getting your belongings.

If you are applying for an AVO on your own, or are the defendant named on an AVO it is a good idea to get legal advice. You can book a free initial consultation with one of our lawyers here or by calling (02) 4227 3505.

Alternatively, you can contact legal aid or find some general information on law access.

What is an AVO FAQS

1. What is an AVO?
   An Apprehended Violence Order (AVO) is a legal order made by a court to protect a person who fears for their safety due to violence, threats, harassment, or intimidation. It sets out specific conditions that the defendant must follow, such as not contacting or approaching the protected person. There are different types of AVOs, including domestic (involving people in a domestic relationship) and personal (involving non-domestic situations).
2. Is an AVO a criminal offence?
   No an AVO is a civil matter – however breaching the conditions of the AVO is a criminal act and can result in criminal charges against you.
3. Can I defend myself against an AVO?
   Yes, you have the right to defend yourself against an AVO. If you’ve been served with an AVO and you disagree with the allegations, you can contest it in court. It’s important to seek legal advice as early as possible so you can prepare your case, gather evidence, and understand the legal process. In some cases, the court may dismiss the application or agree to modified conditions.
4. How long does an AVO last?
   The duration of an AVO varies depending on the circumstances. AVOs can be made for a specific period (e.g. 12 months, 2 years) or remain in place until further order. The court will consider factors such as the nature of the threat, the relationship between the parties, and whether children are involved. Either party may apply to vary or revoke the AVO before it expires.
5. What is the difference between an AVO and a restraining order?
   In Australia, an AVO is a type of restraining order, but the terminology may differ between states and territories. Generally:

• An AVO refers specifically to orders made to protect someone from violence, intimidation, or harassment.
• A restraining order is a broader term that may also apply to other non-violent disputes, such as property matters or disputes between neighbours.

Both types of orders are designed to prevent harmful behaviour, but AVOs typically relate to personal safety and are governed by specific legislation (e.g. the Crimes (Domestic and Personal Violence) Act 2007 in NSW).