AVOs & Domestic Violence

What Is an AVO?

An Apprehended Violence Order (AVO) is a court order designed to protect a person (known as the “protected person”) from violence, harassment, intimidation, stalking or threats by another individual (the “defendant”). In NSW, there are two main types of AVOs:

• Apprehended Domestic Violence Orders (ADVOs) — These are issued where the protected person and the defendant have a domestic relationship, such as spouses, de facto partners, family members, or individuals in intimate relationships. 
  

• Apprehended Personal Violence Orders (APVOs) — These apply where the relationship is non-domestic, such as neighbours, colleagues or acquaintances. 
  

An AVO can be made by police on behalf of a protected person, or — in some cases — privately by the protected person themselves. 

How AVOs Work

Once an AVO is serviced on a defendant, they must comply with the conditions set out by the court. Common conditions include prohibitions against:

• Assaulting, threatening or harassing the protected person
  

• Stalking or intimidating the protected person
  

• Damaging the protected person’s property
  

• Approaching or contacting the protected person, their home, workplace or children
  

• Approaching within certain distances shortly after consuming alcohol or drugs 
  

AVOs may be issued as provisional (police-issued) orders pending a court hearing, and then finalised after evidence is presented. 

Duration and Enforcement

AVOs remain in force for as long as the court deems necessary to protect the person at risk. If the court does not specify a duration, a final AVO typically operates for around two years, depending on its type and the facts of the case.

Importantly, while AVO proceedings are civil in nature (meaning they are decided on the balance of probabilities), breaches of an AVO are criminal offences and can result in fines, community orders or imprisonment if proven.

Every case is unique, and a tailored strategy ensures your rights are fully protected.

Consequences of an AVO

An AVO, once finalised, can affect various areas of your life — even though it is not a criminal conviction in itself. For example:

• It may impact employment opportunities (especially child-related work, security licensing, or jobs requiring firearms licences). 
  

• Police may pursue criminal charges for associated offences such as assault, stalking, intimidation or contravention of the AVO. 
  

• Repeated breaches of a protection order can lead to custodial penalties and further court orders. 
  

Your Options After Being Served

If you have been served with an AVO application, you generally have three options:

• Consent to the order being made — This leads to a final AVO without contesting the allegations. 
  

• Oppose the AVO — This involves filing evidence, attending court and contesting the protection order. 
  

• Cross-apply — You may apply for your own AVO where appropriate. 
  

Choosing the best approach depends on your circumstances, evidence and safety considerations — which is why tailored legal advice is so important.

AVOs & Domestic Violence Frequently Asked Questions

What is the difference between an ADVO and an APVO?

An ADVO applies when the people involved are in a domestic relationship (such as family, partners or intimate partners), whereas an APVO applies when the relationship is non-domestic (such as neighbours or colleagues).

Will an AVO appear on my criminal record?

Generally, AVOs themselves are civil orders and do not automatically result in a criminal conviction record. However, associated criminal charges or breaches of an AVO can result in conviction(s) that appear on your record. 

How long does an AVO usually last?

The court sets the duration of a final AVO. If no specific period is set, default time frames apply — often up to two years for adult orders, but it can be shorter, longer, or indefinite depending on risk. 

Can I change or vary the conditions of an AVO?

Yes — applications can be made to vary, add to, or remove conditions in an existing AVO if circumstances change.

What happens if I breach an AVO?

Breaching an AVO is a criminal offence and may lead to arrest, fines, community orders or imprisonment, depending on the severity and history of contraventions.

If you or someone you know has been served with an AVO or is facing domestic violence allegations, ADADA Legal can provide expert advice, representation and support. Contact an expert AVO Lawyer for a confidential consultation to understand your rights and legal options.