How Long Does an AVO Last in NSW?

If an Apprehended Violence Order (AVO) has been made against you, one of the first questions you may ask is how long it will remain in force.

The answer depends on the type of order made and the circumstances of your case. Some AVOs remain in force for a specified period, while others may be extended or revoked by the court.

Until an AVO expires or is revoked, you must comply with every condition of the order.

Michael Confos regularly represents clients in AVO matters throughout Sydney and NSW. If you’ve been served with an AVO or want advice about your current order, contact ⁠AVO Lawyer Sydney today for a free consultation.

How Long Does an AVO Usually Last?

The duration of an AVO is determined by the court.

When making an order, the Magistrate will specify how long it will remain in force.

The length of an AVO depends on the individual circumstances of the case.

Does an AVO Expire Automatically?

Yes.

Most AVOs expire on the date specified in the order.

Once an AVO expires, its conditions generally no longer apply.

However, until that date arrives, you must continue to comply with every condition.

Can an AVO Be Extended?

Yes.

In some circumstances, an application may be made to extend an existing AVO.

Whether an extension is appropriate depends on the facts of the case and the applicable legislation.

The court will determine whether the order should continue beyond its original expiry date.

Can an AVO Be Revoked Before It Expires?

Sometimes.

Depending on the circumstances, an AVO may be:

• revoked

• varied

• replaced

• extended

Whether this is possible depends on the facts of the matter and the applicable law.

If your circumstances have changed, you should obtain legal advice before making any application to the court.

If you’re seeking to vary or revoke an AVO, Michael Confos can advise you on your options. Learn more by visiting ⁠AVO Lawyer Sydney.

What Happens If I Breach an AVO Before It Expires?

Until an AVO ends, every condition remains legally enforceable.

If you breach an AVO while it is still in force, police may:

• arrest you

• charge you with breaching the AVO

• require you to attend court

• oppose bail in some circumstances

Breaching an AVO is a criminal offence and may result in a criminal record or other penalties.

You can learn more by reading ⁠What Happens If You Breach an AVO in NSW?.

What If the Protected Person Wants the AVO to End?

Even if the protected person no longer wants the order, the AVO does not automatically end.

Only the court can revoke or vary an AVO.

Until that occurs, you must continue to comply with every condition.

Should I Wait for the AVO to Expire?

That depends on your circumstances.

If the AVO is causing difficulties with:

• employment

• family arrangements

• parenting

• firearms licences

• living arrangements

you should obtain legal advice to determine whether any legal options are available before the expiry date.

Frequently Asked Questions

How long does an AVO usually last?

The court determines the duration of an AVO based on the circumstances of each case.

Does an AVO expire automatically?

Yes. Most AVOs expire on the date specified in the court order unless they are extended.

Can an AVO be revoked before it expires?

In some circumstances, yes. Applications may be made to vary or revoke an AVO depending on the facts of the case.

Should I get legal advice?

Yes. If an AVO is affecting your employment, family or future, obtaining legal advice early is recommended.

Key Legislation

The duration, variation and revocation of AVOs are primarily governed by:

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

• Evidence Act 1995 (NSW)

Relevant Case Law

Whether an AVO should continue, be varied or be revoked depends on the individual facts of the case and whether the statutory requirements under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) have been satisfied.

Questions About How Long an AVO Lasts?

If an AVO has been made against you, it is important to understand how long it remains in force and what your legal obligations are. Breaching an AVO before it expires can have serious consequences.

Michael Confos is a criminal lawyer in Sydney who regularly represents clients in ADVO and APVO proceedings throughout NSW. Whether you want advice about varying, revoking or complying with an AVO, experienced legal advice can help you understand your options.

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?

• ⁠Can Police Apply for an AVO Without the Victim’s Consent 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.