What Is an AVO in NSW?

An Apprehended Violence Order (AVO) is a court order designed to protect a person who fears violence, intimidation, stalking or harassment from another person.

Many people mistakenly believe an AVO is a criminal conviction. In most cases, an AVO is a civil order, not a criminal offence. However, breaching an AVO is a criminal offence and can lead to significant penalties, including imprisonment.

If police have applied for an AVO against you or you’ve been served with court documents, obtaining legal advice as soon as possible is important.

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

What Does AVO Stand For?

AVO stands for Apprehended Violence Order.

Its purpose is to protect a person (known as the protected person) from another person (known as the defendant) by imposing conditions restricting certain behaviour.

An AVO is intended to prevent future violence or intimidation rather than punish someone for past conduct.

What Types of AVOs Are There?

There are two types of AVOs in NSW.

Apprehended Domestic Violence Order (ADVO)

An ADVO generally applies where the parties are:

• current or former partners

• spouses

• family members

• people living together

• people in a domestic relationship

Apprehended Personal Violence Order (APVO)

An APVO usually applies where the parties are not in a domestic relationship, including:

• neighbours

• work colleagues

• friends

• acquaintances

• strangers

What Conditions Can an AVO Include?

Every AVO is different.

Common conditions may prohibit a person from:

• assaulting or threatening another person

• stalking or intimidating them

• contacting them

• approaching their home or workplace

• damaging their property

• engaging in other behaviour specified by the court

The court determines the appropriate conditions based on the individual circumstances.

Who Can Apply for an AVO?

An application for an AVO may be made by:

• NSW Police

• the person seeking protection

• another authorised applicant in certain situations

Police commonly apply for AVOs where they believe it is necessary to protect an alleged victim.

If you have received an AVO application, obtaining advice before your first court date can make a significant difference to the outcome.

Michael Confos regularly appears in Local Courts across Sydney defending AVO matters. Learn more about the court process by visiting ⁠AVO Lawyer Sydney or call today for a free consultation.

Is an AVO a Criminal Record?

Generally, no.

Simply having an AVO made against you does not usually result in a criminal record.

However, breaching an AVO is a criminal offence. If convicted of breaching an AVO, you may receive:

• a criminal conviction

• a fine

• a Community Corrections Order

• an Intensive Corrections Order

• imprisonment

What Happens After an AVO Is Served?

After an AVO application is filed, you’ll usually receive a court date.

At court you may:

• consent to the order

• consent without admissions

• oppose the application

• seek an adjournment to obtain legal advice

The decision you make at your first court appearance may have lasting consequences.

Obtaining legal advice before attending court allows you to understand your options and whether defending the application is appropriate.

Can an AVO Affect My Life?

Yes.

Although an AVO is generally a civil order, it may affect:

• family law proceedings

• parenting arrangements

• where you can live

• firearms licences

• certain employment opportunities

• future criminal proceedings

Because the consequences can be significant, you should never ignore an AVO application.

If you’ve recently been served with an AVO, speaking with an experienced criminal lawyer early may improve your options. Contact ⁠Michael Confos AVO Lawyer Sydney for practical advice before your first court appearance.

Frequently Asked Questions

Is an AVO a criminal offence?

No. An AVO is generally a civil court order. However, breaching an AVO is a criminal offence.

Do I have to attend court?

Usually, yes. If you’ve been served with an AVO application you should attend court unless advised otherwise by your lawyer.

Can I defend an AVO?

Yes. Many people choose to oppose an AVO and have the matter determined by the court.

Should I hire an AVO lawyer?

Obtaining legal advice early helps you understand your rights, your options and the likely outcome of your case.

Key Legislation

AVOs in NSW are primarily governed by:

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

• Evidence Act 1995 (NSW)

Relevant Case Law

Whether an AVO should be made depends on the evidence presented and whether the requirements of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) have been satisfied.

Every matter is determined on its own facts.

Speak With an AVO Lawyer Today

If you’ve been served with an AVO application, accused of breaching an AVO or have an upcoming court date, obtaining legal advice as early as possible is important.

Michael Confos is a criminal lawyer in Sydney who regularly represents clients in ADVO and APVO matters throughout NSW. Whether you’re considering defending an AVO or simply want to understand your legal options, early advice can make a significant difference.

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

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.