Can Police Apply for an AVO Without the Victim’s Consent in NSW?

Yes. In New South Wales, police can apply for an Apprehended Violence Order (AVO) without the protected person’s consent.

This often comes as a surprise to defendants and alleged victims alike. Many people assume that if the protected person does not want an AVO, the matter will simply end. However, where NSW Police believe an AVO is necessary to protect someone’s safety, they may still commence or continue court proceedings.

If police have applied for an AVO against you, obtaining legal advice as early as possible is important.

Michael Confos regularly represents clients in AVO proceedings throughout Sydney and NSW. If police have applied for an AVO against you, contact ⁠AVO Lawyer Sydney today for a free consultation.

Why Would Police Apply for an AVO?

Police have a duty to protect people they believe may be at risk of violence, intimidation, stalking or harassment.

If police believe an AVO is necessary, they may make an application even if:

• the protected person does not want one

• the parties have reconciled

• the protected person asks police not to proceed

• both parties want to continue the relationship

The application is ultimately determined by the court, not by the wishes of the parties alone.

Can the Protected Person Stop the AVO?

Not necessarily.

The protected person can tell police or the court that they no longer want the AVO.

However, this does not automatically end the proceedings.

If police believe an AVO remains necessary for the person’s protection, they may continue with the application.

Will the Court Listen to the Protected Person?

Yes.

The protected person’s views may be relevant and the court may consider them when determining the application.

However, they are only one factor the court considers.

The Magistrate must determine whether the legal requirements for making an AVO have been satisfied.

What If We Have Reconciled?

It is common for couples or family members to reconcile after an incident.

Even if you are living together again or have resumed your relationship, police may still continue with the AVO proceedings.

Until the court changes or dismisses the order, you must comply with every condition of any AVO that is in force.

If you’ve reconciled but an AVO is still before the court, Michael Confos can explain your legal options. Learn more by visiting ⁠AVO Lawyer Sydney.

Can I Oppose the Application?

Yes.

If you disagree with the allegations or believe an AVO should not be made, you may choose to:

• oppose the application

• consent without admissions

• negotiate proposed conditions

• seek legal advice before deciding how to proceed

Every case is different, and the most appropriate approach depends on your individual circumstances.

What Happens If the Protected Person Doesn’t Attend Court?

Even if the protected person does not attend court, this does not automatically mean the AVO application will be dismissed.

Depending on the circumstances, the court may:

• adjourn the proceedings

• hear other available evidence

• determine the application

• make other procedural orders

The outcome depends on the facts of each case.

Should I Contact the Protected Person?

If an interim AVO or bail conditions prevent you from contacting the protected person, you must comply with those conditions.

Attempting to persuade someone to withdraw an AVO or contacting them in breach of an existing order may expose you to further criminal allegations.

Before contacting the protected person, obtain legal advice.

Frequently Asked Questions

Can police apply for an AVO without the victim’s consent?

Yes. NSW Police can apply for an AVO if they believe it is necessary to protect a person, even if that person does not want the order.

Can the protected person withdraw the AVO?

Not on their own. The court ultimately decides whether an AVO should be made, continued or dismissed.

Can police continue the case if we’ve reconciled?

Yes. Reconciliation does not automatically prevent police from continuing the proceedings.

Should I get legal advice?

Yes. Early legal advice can help you understand your options and prepare for your court appearance.

Key Legislation

Police applications for AVOs are primarily governed by:

• Crimes (Domestic and Personal Violence) Act 2007 (NSW)

• Evidence Act 1995 (NSW)

Relevant Case Law

When deciding whether to make an AVO, the court considers all of the evidence and whether the statutory requirements under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) have been established.

The wishes of the protected person may be relevant but are not necessarily determinative.

Police Have Applied for an AVO Against You?

If police have applied for an AVO on behalf of another person, don’t assume the matter will disappear simply because the protected person no longer supports the application. The court will ultimately decide whether an AVO should be made.

Michael Confos is a criminal lawyer in Sydney who regularly represents clients in ADVO and APVO proceedings throughout NSW. Whether you wish to defend the application or understand your legal options, obtaining early legal advice can make a significant difference to your case.

Call today for a free consultation or learn more by visiting ⁠AVO Lawyer Sydney.

You may also find these articles helpful:

• ⁠AVO Lawyer Sydney

• ⁠What Is an AVO in NSW?

• ⁠What Happens If You Breach an AVO in NSW?

• ⁠Can an AVO Be Dropped in NSW?

• ⁠Can You Defend an AVO in NSW?

• ⁠What Happens at an AVO Hearing in NSW?

• ⁠Do I Need a Lawyer for an AVO in NSW?

• ⁠Will an AVO Give Me a Criminal Record in NSW?

Disclaimer

This article provides general information only and is not legal advice. The law may change, and every case depends on its own facts. Reading this article does not create a solicitor-client relationship with Michael Confos. If you require legal advice about an AVO or any other criminal matter, you should obtain advice from a qualified Australian lawyer.