Apprehended Violence Orders (AVOs)

What is an AVO?

Apprehended violence orders are court orders issued to protect victims of domestic or personal violence from future harm.

They provide certain conditions that restrict the conduct of the respondent. For example, an AVO may specify a certain distance that the respondent must keep from the victim.

AVOs are not criminal charges or convictions, but breaching an AVO may lead to criminal punishment.

There are two types of AVOs:

1) ADVO; Apprehended Domestic Violence Order

This relates to the protection of a person/s where a domestic relationship exists between the parties (e.g., husband/wife, girlfriend/boyfriend, etc.)

2) APVO; Apprehended Personal Violence Order

This relates to the protection of a person/s where there is no domestic relationship between the parties (e.g., neighbours, co-workers, etc.)

Breaching an AVO condition

Breaching an AVO may lead to police charging you with an offence. The maximum penalty for breaching an AVO is a $5,500 fine or 2 years imprisonment, or both.

The offence of contravening an AVO is set out in s 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW)

Consenting to an AVO

An AVO may be granted without a hearing if both the respondent and the protected person consent to the order. A respondent can consent to the AVO conditions without admitting the charges that are alleged against them.

By consenting to an AVO, the respondent can save the costs, time, and inconvenience of a formal trial. However, the consequences of consenting must be considered. If the AVO is granted and then breached, this can lead to a criminal charge.

Appealing or annulling an AVO

If you did not attend court and an AVO was made against you, you can apply to have it annulled (cancelled) within two years of the date that the AVO was made. You cannot apply for annulment if you were in court when the order was made.

If you were in court when the AVO was made, you may be able to appeal to the District Court within 28 days from when the order was made.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Cassidy Pole, paralegal.

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* Information contained in this article is of a general nature only and should not be relied upon as concise legal advice.
Please contact for legal advice tailored to your situation. *