Apprehended Violence Orders

Apprehended Violence Orders (‘AVO’) are a tool used by the Courts, Police and private individuals that aim to protect people from domestic or personal violence by preventing defendants from engaging in certain conduct (such as stalking, harassing, intimidating the person, contacting the person and/or not being able to reside with or go with a certain distance from someone’s home, school or workplace). 

This article provides an overview of the different types of AVOs, the conditions that apply on AVOs, the different stages of AVOs through the Courts, the legal test on whether an AVO should be granted, and common terminology used in AVOs. 

Different Types of AVOs:

There are two different categories of AVOs which depend on the relationship between the parties:

1) Apprehended Domestic Violence Orders (ADVOs): This order offers protection to a person with whom they share a “domestic relationship” with, such as a spouse, de facto partner, ex-partner, family member, carer or person living in the same household.

2) Apprehended Personal Violence Orders (APVOs): This order protects a person from violence, threats and harassment from any person that they are not in a domestic or family relationship with, and have never been in a relationship with. This commonly includes disputes between neighbours, employees/colleagues or friends. 

Different Stages of AVOs:

“Provisional Orders”

A provisional order is a temporary order that a NSW Police Officer can make for a specified period, until either an interim order has been made or the application has been determined by a Court. A provisional order has the same effect as a final order.

“Interim Orders”

Interim orders are temporary orders that a Court can make until the application for the AVO has been determined in full. An interim order has the same effect as a final order. The interim AVO remains in force until final orders are made (unless the order is revoked) or the application is withdrawn by the person seeking an AVO, or dismissed by the Court.

If the defendant is at Court when the interim order is made, the Interim AVO starts immediately. If the defendant is not at Court when the interim order is made, it starts when the defendant receives a copy of the Interim AVO.

“Final Orders”

A final AVO can be made for as long as the Court believes it is necessary to ensure the person’s protection. The usual period that is sought by Police for an AVO is a period of 2 years. 

If a person consents to the making of the final order, then a final order will be made on the conditions and duration sought by the applicant. 

If the defendant is absent at Court on the day the final AVO is listed, the Magistrate can make a final order in the absence of the defendant. 

If the AVO is contested, the Court must consider and apply the test under the Legislation before determining whether an AVO should be granted in the Applicant’s favour. The Court can, however, make a final order regardless of the “test”, if:

• the protected person is a child;
• the person has a significant intellectual disability; or
• the Court thinks that the defendant has committed or is likely to commit a personal violence offence against the protected person, and the making of the order is necessary to protect the person from further violence.

The “Test” To Determine Whether an AVO Should be Granted:

The legislation requires the Magistrate to consider whether, on the balance of probabilities, the applicant:

1. Has reasonable grounds to fear, and 
2. In fact fears, 
3. The commission of:
   1. A domestic/personal violence offence, or
   2. An offence under Section 5 or 6 Conversion Practices Ban 2024, or
   3. The engagement of the other person in conduct in which intimidates or stalks the person. 
4. With such conduct being sufficient to warrant the making of the AVO. 

If the Magistrate is satisfied of all the above factors to the standard of the balance of probabilities, then the Court will grant a final order of the AVO. 

Conditions of AVOs:

The following are a list of the conditions that apply on an ADVO and APVO. 

Condition 1 is known as the “mandatory condition” that applies on all AVOs and the other conditions (2 – 10) are sought depending on the circumstances of the matter and that appear necessary or desirable to ensure the safety and protection of the PINOP and any children.

1. The defendant must not do any of the following to the protected person or anyone the protected person has a domestic relationship with:

1. assault or threaten them,
2. stalk, harass or intimidate them, or
3. intentionally or recklessly destroy or damage any property or harm an animal that belongs to or is in the possession of them.

1. You must not approach the protected person or contact them in any way, unless the contact is through a lawyer.

1. You must not approach:

1. the school or any other place the protected person might go to for study
2. any place they might go to for childcare, or
3. any of the following places

1. You must not approach or be in the company of the protected person for at least 12 hours after drinking alcohol or taking illicit drugs.

1. You must not try to find the protected person except as ordered by a Court.

1. You must not approach the protected person or contact them in any way, unless the contact is:

1. through a lawyer
2. to attend accredited or Court-approved counselling, mediation and/or conciliation
3. as ordered by this or another Court about contact with child/ren
4. as agreed in writing between you and the parent(s) about contact with child/ren
5. as agreed in writing between you and the parent(s) and the person with parental responsibility for the child/ren about contact with the child/ren.

1. You must not live at:

1. the same address as the protected person, or
2. any place listed here ___.

1. You must not go into:

1. any place where  the protected  person lives, or
2. any place where they work, or
3. any place listed here___ .

1. You must not go within ___ metres of:

1. any place where the protected person lives, or
2. any place where they work, or
3. any place listed here___.  

1. You must not possess any firearms or prohibited weapons.

Breaching AVOs:

It is a serious offence to breach any of the conditions listed an AVO and serious penalties including imprisonment apply for a defendant that knowingly breaches an AVO. Please see our linked pages on the offences of breaching/contravening AVO conditions for further information:

• Contravene AVO, 
• Contravene AVO with intent to cause harm or fear, 
• Persistent Breach – Contravene AVO on 3 occasions in a 28-day period. 

Terms used in AVOs:

Applicant

The person who seeks (or has sought) an AVO. This may be the protected person (person in need of protection/PINOP), a police officer or a guardian for the protected person.

Complainant

The person who makes or complains of an allegation to Police. 

Cross-Application

When the defendant to an AVO applies for an AVO against the applicant/protected person.

Defendant

The person against whom an AVO is made or is sought to be made.

Domestic Violence

Personal violence committed against a person with whom they are in a domestic relationship with, including but not limited to:

• A relative, spouse or de facto;
• A person who has or has had an intimate personal relationship (e.g. boyfriend/girlfriend); or
• A person living in the same household, but not merely as a tenant or boarder.

Informant

A police officer who makes an application for an AVO on behalf of a protected person.

Interim Order

An Order made by the Court to protect a person from the defendant while the matter is going through Court proceedings and yet to be finalised.

Personal Violence Offence

Personal violence offences include assaults, stalking or intimidating a person, molestation, harassment, destroy/damage property and contravening an AVO.

Property Recovery Orders

A magistrate can also make an order to allow the victim to recover their property from the defendant or to allow the defendant to collect their property from the protected person’s home. This is known as a “Property Recovery Order”. 

Protected Person/Person in Need of Protection (PINOP)

This is the person for whose protection an AVO is applied for or made.

Telephone Interim Order

An interim AVO made by a Magistrate where the application is made over the telephone.

If you require legal advice about Apprehended Violence Orders or any other legal matter, please contact Armstrong Legal.