An Apprehended Violence Order (AVO) is a court order that protects you from violence, harassment, or intimidation under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). If you fear someone may hurt, stalk, or threaten you, an AVO sets legally binding rules on what that person can and cannot do.
Quick Overview
- Definition: A court order that stops someone from doing specific things to keep you safe
- Types: Apprehended Domestic Violence Order (ADVO) and Apprehended Personal Violence Order (APVO)
- Legal basis: Crimes (Domestic and Personal Violence) Act 2007 (NSW)
- Default duration: 2 years for adults, 1 year for defendants under 18 (section 79A)
What is an AVO?
An AVO stops someone from hurting, stalking, or threatening you by setting rules the court enforces. The order itself is civil, not criminal. But breaking any of its conditions is a criminal offence.
AVOs are created under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Section 4 of the Act lists the types of violence an AVO covers, by reference to specific sections of the Crimes Act 1900 (NSW):
| Category | Examples | Legal Reference |
|---|---|---|
| Physical violence | Manslaughter, assault, wounding, grievous bodily harm | s 24, s 33, s 35 |
| Threats and intimidation | Stalking, harassment, intimidation | s 13 |
| Sexual offences | Sexual assault and related offences | s 61I, s 61J |
| Property offences | Intentional destruction or damage | s 195, s 196 |
| Other offences | Kidnapping, false imprisonment, breaching an AVO | s 86, s 87 |
What is a domestic relationship under the Act?
Whether you need an ADVO or an APVO depends on your relationship with the other person. If you have (or ever had) a domestic relationship with them, you need an ADVO. If not, you need an APVO.
Section 5 of the defines a domestic relationship. You have one with another person if you:
"(a) is or has been married to the other person, or (b) is or has been a de facto partner of that other person, or (c) has or has had an intimate personal relationship with the other person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature, or (d) is living or has lived in the same household as the other person, or (e) is living or has lived as a long-term resident in the same residential facility as the other person... (g) is or has been a relative of the other person, or (h) in the case of an Aboriginal person or a Torres Strait Islander, is or has been part of the extended family or kin of the other person according to the Indigenous kinship system of the person's culture."
The definition is broad. Even two people who have never met can have a domestic relationship if they both had a relationship with the same person. For example, your current partner and your ex-partner are considered to be in a domestic relationship with each other.
What is the difference between an ADVO and an APVO?
The difference comes down to one thing: whether you and the other person have a domestic relationship. If you do, an ADVO applies. If you don't, an APVO applies.
| Item | ADVO | APVO |
|---|---|---|
| Full name | Apprehended Domestic Violence Order | Apprehended Personal Violence Order |
| Applies to | People in a domestic relationship (spouses, family members, ex-partners) | People NOT in a domestic relationship (neighbours, coworkers, strangers) |
| Police duty | Police must apply if they suspect a domestic violence offence has occurred or is imminent (section 49) | Police have discretion; you can also apply yourself |
| Common scenarios | Domestic disputes, post-separation harassment, family violence | Neighbourhood feuds, workplace bullying, stalking by a non-relative |
How to tell which one you need: Check section 5. If any relationship listed there exists between you and the other person, past or present, you need an ADVO. Under section 49(1), police must apply for an ADVO if they suspect a domestic violence offence has been committed, is happening, or is about to happen.
Is an AVO a criminal conviction?
No. An AVO will not show up on your criminal record. It is a civil protection order, not a punishment. But it has real consequences, and breaking any condition is a criminal offence.
Common misconceptions:
- An AVO means I have a criminal record
- An AVO won't affect my licences
- I can keep my prohibited weapons
- An AVO doesn't affect where I live
Legal truth:
- An AVO is a civil order. But breaking its conditions is a criminal offence under section 14, punishable by up to 2 years in prison
- Under the Firearms Act 1996 (NSW), an interim AVO automatically suspends your firearm licence (section 23). A final AVO automatically revokes it (section 24)
- Permits under the Weapons Prohibition Act 1998 are also automatically suspended or revoked. You must hand your weapons over to police
- Under the Residential Tenancies Act 2010 (NSW) section 79, a final AVO that bars you from the premises ends your tenancy
One thing many people get wrong: even if the protected person forgives you or agrees to contact, only the court can change or cancel an AVO under section 73. Private agreements do not override a court order.
What conditions can an AVO include?
Every AVO comes with a set of rules the court picks based on your situation. Some are mandatory. Others are added if the court thinks they are needed.
Mandatory conditions (Section 36)
Every AVO automatically bans the defendant from:
- Assaulting or threatening the protected person or anyone in a domestic relationship with them
- Stalking, harassing, or intimidating the protected person or their associates
- Intentionally or recklessly destroying or damaging the protected person's property, or harming their animals
Optional conditions (Section 35)
The court can add extra restrictions if it considers them necessary. These may include:
- Approach restrictions: You cannot go near the protected person
- Location restrictions: You cannot enter the protected person's home, even if you own the property
- Workplace restrictions: You cannot go to the protected person's workplace or places they regularly visit
- Alcohol and drug restrictions: You cannot approach the protected person within 12 hours of drinking alcohol or using drugs
- Locating restrictions: You cannot try to find out where the protected person lives or goes
- Behavioural restrictions: You cannot coerce, threaten, or deceive the protected person
How long does an AVO last?
The court sets the duration when it makes the order. If the court doesn't specify an end date, section 79A of the Act fills in a default:
| Situation | Duration |
|---|---|
| Adult defendant | 2 years from the date the order is made |
| Minor defendant (under 18) | 1 year from the date the order is made |
| Interim order | Lasts until the court makes a final decision or the order is withdrawn |
The court can set a longer or shorter period if the circumstances call for it. It considers what the protected person needs, the defendant's circumstances, and the evidence used to make the original order.
FAQ
Q1: Can the police apply for an AVO if I don't want one?
Yes. In some cases the police must apply, even if you say no. Under section 49, if police believe you have been a victim of violence or face a serious threat, they are required to apply regardless of your wishes.
Q2: Does an AVO protect my property and pets?
Yes. Section 36 automatically bans the defendant from destroying your property or harming your animals.
Q3: I'm a tenant. What happens if a final AVO bars me from my rental?
Your tenancy ends. Under the Residential Tenancies Act 2010 (NSW) section 79, if a final AVO stops you from entering your rental, your tenancy is terminated.
Q4: Can an AVO stop me from entering a property I own?
Yes. Owning the property does not override an AVO. Under section 35(2)(b), the court can bar you from entering a property even if you are the legal owner.
Q5: Can the court extend or shorten my AVO?
Yes. Under section 79A, the default is 2 years for adults and 1 year for minors. The court can adjust this based on the circumstances and the protected person's needs.
