Criminal Law
What is an AVO and how do they work in NSW?
Connor Barham · Principal Solicitor
A plain-English explanation of AVOs in NSW, the two types, how they are made, and what they mean for both sides.
Published
An AVO affects a lot of people in NSW, whether they are seeking protection or have had one taken out against them. The term gets used loosely, so it helps to understand what an AVO actually is and does. This guide explains it in plain English for both sides.
What an AVO is
AVO stands for apprehended violence order. It is an order made by a court to protect a person from violence, threats, intimidation, stalking, or harassment by another person, under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). An AVO is not a criminal charge or a criminal conviction in itself. It is a protective order that sets rules about how one person must behave towards another.
That distinction matters and is widely misunderstood. Having an AVO made against you is not the same as being convicted of a crime. But breaching an AVO is a criminal offence, and a serious one, so the order has real consequences.
The two types of AVO
There are two kinds, and which one applies depends on the relationship between the people involved.
An apprehended domestic violence order, or ADVO, is for people who are or were in a domestic relationship, such as partners, former partners, family members, or people living together. An apprehended personal violence order, or APVO, is for people who are not in a domestic relationship, such as neighbours or co-workers.
The division matters because domestic violence matters are treated with particular seriousness, and ADVOs are the more common of the two.
What conditions an AVO can include
Every AVO includes standard conditions that the person must not assault, threaten, stalk, harass, or intimidate the protected person. Beyond those, a court can add conditions tailored to the situation, such as not approaching the protected person, not going to where they live or work, or not contacting them except in limited ways.
The conditions are the heart of the order, because they define what the person can and cannot do. They need to be clear, and they need to be understood, because breaching any condition is an offence.
How an AVO is made
An AVO application can be made by the police, which is common in domestic violence matters, or by a private individual. The matter goes before the Local Court. The court can make an interim order quickly where protection is needed straight away, and a final order after hearing the matter.
The person the order is sought against can consent to the order, sometimes without admissions, or can contest it, in which case the court holds a hearing and decides. Each path has consequences, and which one is right depends on the circumstances, which is why advice matters at this point.
If you need protection
If you are experiencing violence, threats, or intimidation, an AVO is one of the tools available to protect you, and the police can help you seek one. If you are in immediate danger, call 000. There are also specialist domestic and family violence services that can provide support and safety planning alongside the legal process.
If an AVO is sought against you
If an AVO is sought against you, take it seriously and get advice early. The decision whether to consent or to contest, and on what terms, can affect your living arrangements, your contact with children, and in some cases your work, especially if you hold a licence or work in certain fields. A considered response, with advice, is far better than reacting on the day.
An AVO can also interact with family law and parenting matters, so if those are in the picture, the two need to be handled together. This is an area where getting the right advice early makes a real difference.
How we help
We act for people on both sides of AVO matters, those seeking protection and those responding to an application. We explain what the order means, advise on whether to consent or contest and on the conditions, appear at the Local Court, and manage the overlap with any family law or criminal matters. If an AVO is in your life, speak to us before the next court date.
Frequently asked questions
Is an AVO a criminal charge? No. An AVO is a protective order, not a criminal charge or conviction. But breaching an AVO is a criminal offence.
What is the difference between an ADVO and an APVO? An ADVO is for people in a domestic relationship. An APVO is for people who are not, such as neighbours or co-workers.
Can I contest an AVO? Yes. You can consent to it, sometimes without admissions, or contest it at a hearing. Which is right depends on your circumstances, so get advice.
What happens if someone breaches an AVO? Breaching an AVO is a criminal offence and can lead to a charge and penalties, including imprisonment for serious breaches.
Keep reading
This article contains general information only and is not legal advice. This article discusses violence and intimidation, which some readers may find distressing. If you are in immediate danger, call 000. For advice about your situation, please contact us. Liability limited by a scheme approved under Professional Standards Legislation.
This article contains general information only and does not take your circumstances into account. Please obtain legal advice about your own situation.