How to Get an AVO Against Someone in NSW | Application Process Explained

How to Get an AVO Against Someone in NSW

If you are experiencing threats, harassment, intimidation or violence, you may be able to apply for an Apprehended Violence Order (AVO) in New South Wales.

An AVO is a court order designed to protect a person from future harm or unwanted contact. The process involves applying to the court or through police, depending on the situation.

What Is an AVO?

An Apprehended Violence Order (AVO) is a court order that places restrictions on another person’s behaviour.

It can prevent someone from:

• Contacting you

• Coming near your home or workplace

• Harassing or intimidating you

• Threatening or stalking you

There are two main types of AVOs:

• Apprehended Domestic Violence Orders (ADVOs)

• Apprehended Personal Violence Orders (APVOs)

How Do You Apply for an AVO?

In NSW, there are two main ways to apply for an AVO:

1. Through the Police

Police can apply for an AVO on your behalf if they believe you are at risk.

This is common in situations involving:

• Domestic violence

• Physical assault or threats

• Ongoing harassment or stalking

If police apply, they become the prosecuting party in court, not you.

2. Applying Yourself (Private AVO)

You can also apply directly to the Local Court for an AVO.

This is known as a private AVO application.

You will need to:

• Complete an application form

• Provide details of the incidents

• Attend court to support your application

• Potentially give evidence if the matter is contested

What Evidence Do You Need?

The court will consider whether there are reasonable grounds to believe you need protection.

Helpful evidence may include:

• Text messages or emails

• Social media messages

• Phone call records

• Witness statements

• CCTV footage or photos

• Police reports

The stronger the evidence, the more likely the order may be made.

What Happens at Court?

Once an AVO application is filed, the court process generally involves:

1. First court mention

2. Whether the other party agrees or disputes the order

3. Negotiation of conditions (if agreed)

4. Hearing (if contested)

If the other person disputes the AVO, the court will decide whether the order should be made based on the evidence.

What Conditions Can an AVO Include?

An AVO can include various restrictions such as:

• No contact conditions

• No approaching your home or workplace

• No harassment or intimidation

• Restrictions on communication (including social media)

• Distance restrictions

The conditions depend on your specific situation.

Do You Have to Go to Court?

Yes, in most cases you will need to attend court, especially if:

• The matter is contested

• You are applying privately

• The court requires evidence

Police may represent the application if they are involved.

How Long Does an AVO Last?

AVOs can last for different periods depending on the court order, often ranging from:

• 12 months to several years

The court decides the duration based on risk and circumstances.

Do You Need a Lawyer for an AVO Application?

You are not required to have a lawyer, but legal representation can assist with:

• Preparing your application

• Presenting evidence effectively

• Negotiating conditions

• Representing you in contested hearings

Legal advice can improve the clarity and strength of your case.

Frequently Asked Questions

Can anyone apply for an AVO?

Yes, if you reasonably fear violence, harassment or intimidation.

Is an AVO a criminal charge?

No, but breaching an AVO is a criminal offence.

Can an AVO be made without evidence?

The court must be satisfied there are reasonable grounds based on evidence or testimony.

How long does the process take?

It depends on whether the matter is contested or agreed.

Speak With a Lawyer

If you are considering applying for an AVO or are unsure about the process, legal advice can help you understand your options and prepare your application.

Michael Confos Lawyer assists clients with AVO matters across Sydney and New South Wales.

Disclaimer

This article provides general information only and does not constitute legal advice. No solicitor-client relationship is formed by reading this content. You should seek independent legal advice from a qualified lawyer regarding your individual circumstances.