Applying for an AVO

What can I ​do if I am a ​victim of domestic​​ or family violence?

If you are experiencing domestic or family violence you can:

• speak to the police Domestic Violence Liaison Officer (DVLO) if you want to apply for an Apprehended Violence Order (AVO) or report a criminal offence
• apply for an AVO if you need protection from someone
• access other legal and non-legal support services.

​What non-legal referrals are available to victims of domestic or family violence?​

There are a number of non-legal services available for victims of domestic or family violence, including:

• Women's Domestic Violence Court Advocacy Program  - Support for women affected by domestic and family violence. Court support for women getting a Domestic Violence Order.
  
• Family Advocacy and Support Services – support for people affected by domestic and family violence with family law problems, including information referrals and help with safety at court.
  
• Victims Services -  Victims of crime may be eligible for financial assistance, a recognition payment and free face-to-face counselling through the Victims Support Scheme.
  
• Domestic Violence L​ine - a 24 hour helpline that provides confidential information, counselling and support services to people impacted by sexual assault, domestic and family violence or abuse - can provide counselling and information about refuges, accommodation and financial support, including information about financial assistance provided by charities
  
• 1800RESPECT - a 24 hour helpline that provides confidential information, counselling and support services to people impacted by sexual assault, domestic or family violence or abuse
• KidsHelpline – a 24 hour free confidential phone counselling service for young people aged 5 to 25. 
• Child Protection Helpline - a 24 hour phone line for reporting a child at risk of abuse or neglect, run by the Department of Family and Community Services. 
• Mensline - a 24 hour helpline that provides confidential information, counselling and support services for men experiencing domestic violence 
• RSPCA Community Domestic Violence Program (previously known as ‘Safe Beds for Pets’) - a program that supports victims of domestic violence to leave home with their pets
• Centrelink Crisis Pay​ments - you can speak to a Centrelink Social Worker about these payments and other options available to you.

There are many other local support services available to victims of domestic and family violence. You should speak to the Domestic Violence Line about your needs as they have a list of state-wide services.

I have been contacted by a domes​​tic violence support service. How did they get my contact details?

The domestic violence support service, also called a Local Co-ordination Point (LCP), may have got your contact details from: 

• the police who attended a domestic violence incident, or
• another government agency, such as Department of Communities and Justice.

By law, the police must pass on your information following a domestic violence incident and the LCP must try to contact you.

If you were assessed as 'at threat' of domestic violence, the LCP may offer to help you get in touch with local support services. If you were assessed as 'a​t serious threat' of domestic violence, the LCP will tell you about their Safety Action​ Meeting.

What information is discussed at the​​ Safety Action Meeting and can I attend?

If you are considered 'at serious threat' of domestic violence, a referral will be made to a Safety Action Meeting. At the meeting, government agencies such as police, NSW Health, Housing NSW, and the Department of Communities and Justice and non-government organisations will discuss your information and will develop a Safety Action Plan.

You can't go to the m​eeting.

After the meeting, you will be contacted to discuss the Saf​ety Action Plan.​​

Do I have to follow the Safety Ac​tion Plan? ​

If you are assessed as 'at serious threat' of domestic violence, a Safety Action Plan will be developed at a Safety Action Meeting.

The Safety Action Plan will list things that each service provider can do to help you.

You don't have to follow the Safety Action Plan, but before you make any decisions, you should get legal advice.

I am under 18, who can help me if I am experiencing physical or emotional violence?

Violence is never okay. If you or someone you know is experiencing violence, you can ask for help.

If there is an emergency or you’re in need of immediate help, you can contact Police by dialling 000.

If you feel unsafe because of violence that is happening, you could talk to an adult you trust and feel comfortable with, like a family friend or a teacher. You could try talking to:

• a youth worker
• an older relative or friend
• a teacher or school principal
• a doctor or nurse
• a school counsellor.
  

If you aren’t comfortable talking to an adult you know, here are the details of some other people you can talk to: 

• Kids Helpline - 1800 55 1800
• Domestic Violence Line - 1800 656 463 
• Child Protection Helpline - 13 21 11
• 1800 RESPECT - 1800 737 732.

If you feel unsafe because of violence it is important to talk to someone.  Remember, if at first you don’t get help, keep trying until you find somebody who will help you. 

Wha​​​t is an Apprehended Violence Order? 

An Apprehended Violence Order (AVO) is an order made by a court prohibiting or restricting the behav​​iour of the person the order is made against (the Defendant). The purpose of an AVO is to protect a person (called the Person in Need of Protection or PINOP) from:

• violence or threatened violence
• stalking, harassment, or intimidation
• threatened or actual property damage
• harm to their animals.

Having an AVO is not a criminal offence. Doing something that the AVO says you must not do, is a criminal offence. This is called breaching an AVO. 

What is the difference between an Apprehended Domestic Violence Order and an Apprehended Personal Violence Order?

There are two types of AVOs:

• Apprehended Domestic Violence Orders (ADVOs) that protect a person from violence committed by someone that they are, or were, in a domestic relationship with. For example, husband and wife, mother and son, grandfather and granddaughter, de facto partners, people who live in the same household.
• Apprehended Personal Violence​ Orders (APVOs) that protect a person from violence committed by someone who they are not, and have not been, in a domestic relationship with. For example, neighbours or work colleagues.

For more information, see Types of Apprehended Violence Orders on the My problem is about section of our website.   

​​What orders are includ​ed on an Apprehended Violence Order? 

All Apprehended Violence Orders (AVOs) must include mandatory orders (also known as standard orders or 'Orders about behaviour'.) They state that the Defendant must not do any of the following to the protected person or anyone the protected person has a domestic relationship with:

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

Orders made before 27 March 2021 do not state that a Defendant must not harm an animal that belongs to, or is in the possession of, the protected person.

There are also additional orders that the Court can make depending on your circumstances, including orders about:

• contact
  
• family law and parenting
• where the Defendant can't go
• weapons.       

For more information, see Mandatory and additional orders in Types of Apprehended Violence Orders on the My problem is about section of our website.

Who is prot​ected by an Apprehended Violence Order?

An Apprehended Violence Order can protect:

• the people that are listed as the person(s) in need of protection
• any members of that person's family, whether they live together or not
• anyone in a domestic relationship with the protected person
• children of the protected person.

My Apprehended Violence Order does not list my children, are they still protected by it?

An Apprehended Violence Order (AVO) protects:

• the people that are listed as the person(s) in need of protection
• anyone the protected person has a domestic relationship with.
  

If your children are specifically named on the AVO, they are protected by all of the orders in the AVO.

If your children are not named on the AVO, they will still be protected by the mandatory orders.

Having an AVO protecting you and your children does not automatically stop the Defendant spending time with or communicating with your children. An AVO stops the Defendant doing the things that are set out in the orders. However, if you have an AVO and parenting orders, the parenting orders will override the AVO where they are inconsistent.

If you are unsure whether the AVO prevents the Defendant from spending time with or communicating with your children, you should get legal advice.

When will an Apprehended Violence Order be made?

An Apprehended Violence Order (AVO) will be made if the Court is satisfied on the balance of probabilities (that it is more likely than not) the person in need of protection has reasonable grounds to fear, and in fact fears the Defendant will:

• assault, intimidate, stalk or harass them, or 
• damage their personal property.
  

There are some exceptions to this.

The Court can make an AVO even if the protected person doesn't actually fear the Defendant, if the protected person:

• is a child
  
• is a person of appreciably below average intelligence function
• has reasonable grounds to fear a domestic violence offence
• has been a victim of a personal violence offence committed by the Defendant on more than one occasion, there is a reasonable likelihood that the Defendant will commit a further personal violence offence against the protected person, and the AVO is necessary to protect them.
  

For more information, see Applying for an AVO in Getting an Apprehended Violence Order on the My problem is about section of our website.

What​​ is domestic abuse? 

The terms domestic abuse, domestic violence and family violence are often used to describe the same behaviour.

Domestic abuse is behaviour by one person towards another in a domestic relationship which is:

• violent or threatening
• coercive or controlling, or
• causes the person to fear for their safety or for the safety of others.

Domestic abuse can be a single act or a combination of acts over time. It also extends to behaviour that a child might hear, witness or otherwise be exposed to the effects of.

It may include the following behaviours, or threat of the following:

• physical abuse or violence
• sexual abuse, coercion or violence
• economic or financial abuse
• verbal abuse
• shaming, degreading or humiliating a person
• intimidation
• stalking, harassing, monitoring or tracking a person
• damaging or destroying property
• harm to animals
• spiritual abuse
• deprivation or restriction of liberty or unreasonable regulation of a person’s day-to-day activities. 

What​​ is stalki​​​ng? 

Stalking can include:

• following a person
• frequently watching a person, and/or
• repeatedly going to a person's residence, business or work or any place where they may socialise.

What is​​​ i​n​timi​​dati​​​on? 

Intimidation can include:

• conduct amounting to harassment or molestation
• approaching or contacting a person in a way that causes the person to fear for their safety (this can include text messaging, phoning, e-mailing), and/or
• any conduct that causes someone to fear that they may be injured or their property may be damaged
• any conduct that causes someone to fear that an animal belonging to them, or an animal in their possession, will be harmed.
  

What is a Provisional Apprehended Violence Order? 

A Provisional Apprehended Violence Order (AVO) is an order that can be made immediately to ensure the safety and protection of the protected person or to prevent substantial damage to any property of the protected person. Only a police officer can apply for a Provisional Order.

A Provisional AVO can be made by:

• a senior police officer
  
• an authorised officer, usually a Magistrate.

The Defendant must follow the order as soon as police serve a copy on them. 

A Provisional AVO will last until:

• it is revoked
• the Court makes an Interim or Final AVO
• the Defendant is served with the Interim or Final AVO - if they didn't go to Court
• the AVO application is withdrawn or dismissed. 

Where a Provisional AVO has been made, it will automatically become an Interim AVO at the first mention unless:

• the AVO is revoked
• the matter is withdrawn or dismissed
• the Court makes an Interim or Final AVO.

When a Provisional AVO is automatically converted to an Interim AVO, the Interim AVO will contain the same orders as the Provisional AVO.

For more information, see Provisional and Interim AVOs in Types of Apprehended Violence Orders on the My problem is about section of our website.

What is an Int​er​​im​ Apprehended Violence Order?

An Interim Apprehended Violence Order (AVO) is an order that is made by a Court for a period of time, usually until the next court date.

An Interim AVO can be made by the Court:

• when the protected person makes the application for the AVO and the person is in need of urgent protection. The protected person can be taken into Court and will have to give evidence before the Court. The Court may then make an Interim Order if they consider that it is necessary and appropriate. The Interim AVO will take effect when the police serve it on the Defendant.
• at any time during the proceedings, including at the first mention, if it appears to the Court that it is necessary or appropriate to do so in the circumstances. This can be done whether or not the AVO application has been served on the Defendant. The protected person will usually have to give evidence before the Court to show that it is necessary and appropriate for the Court to make an order. The Interim Order will start immediately if the Defendant is present in Court when the Interim Order is made. If the Interim AVO is made when the Defendant is not at Court, it will commence when the Defendant is served by the police.
• at the first mention if a Provisional AVO had been made. The Provisional AVO will automatically become an Interim AVO with the same conditions as the Provisional AVO at the first mention unless:
  • the AVO is revoked
  • the matter is withdrawn or dismissed
  • the Court makes an Interim or Final AVO.

An Interim AVO will last until:

• it is revoked
• a Final Order is made
• the AVO application is withdrawn or dismissed.

For more information, see Provisional and Interim AVOs in Types of Apprehended Violence Orders on the My problem is about section of our website.

How do I appl​y for an Apprehended Violence Order? 

An application for an Apprehended Violence Order (AVO) can be made by:

• the police
• yourself.

For more information, see Applying for an AVO in Getting an Apprehended Violence Order on the My problem is about section of our website.

When will p​olice appl​​y for an Apprehended Violence Order? 

The police must apply for an Apprehended Violence Order (AVO) to protect you if:

• a domestic violence offence has been, is being, or will be committed against you
• the Defendant has recently, is currently, or will likely stalk or intimidate you with the intention of causing you to fear physical or mental harm
• an offence against a child or young person has been, is being, or will be committed
• there are proceedings against the Defendant for any of the above offences. 

The police must apply for a Provisional AVO if they believe that an order needs to be made immediately to:

• ensure your safety and protection, or
• prevent substantial damage to your property. 

The police don't have to apply for an AVO if:

• there is already an AVO in place to protect you
• you are going to make your own application for an AVO
• there is a good reason not to make an application.
  

If you are a victim of domestic violence you should contact your local police station. You can ask to speak to the Domestic Violence Liaison Officer (DVLO). You should also get legal advice.

For more information, see Police applications on the My problem is about section of our website.

Can I apply for an Apprehended Violence Order if I am a child under 18? 

If you are worried that someone will be violent towards you, or harass, intimidate or stalk you, (including online) you can apply for an Apprehended Violence Order (AVO).

You can apply for an AVO against

• a family member, guardian, carer or other person in a domestic relationship with you (called an Apprehended Domestic Violence Order).
• or against someone other than a family member or person in a domestic relationship, for example someone at school, or someone online (called an Apprehended Personal Violence Order).

If you are under 16 years of age, the police can help you make an application. You should contact the police to seek an AVO. Children under 16 can’t apply by themselves to the Local Court for an AVO.  If the police apply for an AVO to protect you, they will represent you at court.

If you want to apply for an AVO through the police, you can phone or go to your local police station.  You can ask Domestic Violence Liaison Officers (DVLO’s) for help. DVLOs  are specialist police officers, trained in domestic and family violence and child protection. 

The police must apply for an AVO to protect you if you are currently or likely to be the victim of an offence. This includes if someone has or may likely:

• physically hurt you or, abuse you 
• cause you emotional or psychological harm, that significantly damages your emotional or intellectual development
• harm your physical development.

If you are 16 years or older, you can apply for an AVO either through the Local Court or through the police.

An adult (for example a parent) can ask for a child or children to be included in an AVO when applying for an AVO that includes them. They can do this by applying to the Local Court or asking the police to apply for an order listing the adult/s and child or children.

If you are a child involved in care proceedings, the Children’s Court can make an AVO to protect you, and any relative who lives with you. 

If you need immediate protection, you should call the police.  

For more information, see Apprehended Violence Orders to protect children on the My Problem is about section of our website. 

Can police apply for a Provisional Apprehended Violence Order where there is already an Interim or Final order in place?

Police may issue a Provisional Apprehended Violence Order (AVO) where there is an Interim or Final AVO already in place. The Provisional AVO application is considered to be an application to vary the existing order.

This may happen when you already have an Interim or Final AVO in place but a new domestic violence incident occurs with the same Defendant which requires the police to issue a Provisional AVO with new orders.

The Provisional AVO should not reduce the protection given to you under the existing Interim or Final AVO. If it reduces your protection or the conditions are inconsistent, you should get legal advice.

I am protected by an Interim or Final Apprehended Violence Order. The police have applied for a Provisional Apprehended Violence Order against the same Defendant. What happens if the conditions are inconsistent between the two orders?

Generally, where there are multiple orders and the conditions between the orders are contradictory or inconsistent, the most recent order will override the previous order.

However, if police have issued a Provisional AVO when there is an existing Interim or Final AVO in place with the same Defendant, the Provisional AVO should not reduce the protection given to you under the existing order.

If you are protected by multiple orders and the conditions are inconsistent, or if a new order reduces your protection, you should get legal advice.

I am a carer and I need protection from someone I cared or am caring for, do I apply for an Apprehended Domestic Violence Order or Apprehended Personal Violence Order?

If you need protection against someone you were, or are, caring for, the Apprehended Violence Order you apply for depends on:

• whether you were a paid carer
• whether you have a domestic relationship with the person.

You can apply for an Apprehended Domestic Violence Order if you were, or are:

• providing unpaid care, or 
• in a domestic relationship with that person.

You can apply for an Apprehended Personal Violence Order if you were or are providing paid care.

I have a disability and pay a carer to look after me. I need protection against my paid carer. Do I apply for an Apprehended Personal Violence Order or an Apprehended Domestic Violence Order? 

This is a type of domestic relationship. You would apply for an Apprehended Domestic Violence Order for your protection from your paid carer.

If you are a victim of domestic violence you should contact your local police station. You can ask to speak to the Domestic Violence Liaison Officer (DVLO). You should also get legal advice.

For more information, see Types of Apprehended Violence Orders on the My problem is about section of our website.

If I am under 16 years old, how can I get an Apprehended Violence Order to protect me?

If you are under 16 years, you can be protected by an Apprehended Violence Order (AVO) by:

• the police applying for an AVO for you, or
• being included as a protected person in an AVO protecting another adult, for example a parent.

You can't apply for an AVO yourself.

If you are under 16 years and you want an AVO, you should get legal advice.

For more information, see Apprehended Violence Orders to protect children on the My problem is about section of our website.​

What if the police refuse to he​lp me with an application for an Apprehended Domestic Violence Order to protect me? 

If the police refuse to apply for an application for an Apprehended Domestic Violence Order (ADVO) to protect you, you could ask to speak to the Domestic Violence Liaison Officer (DVLO).

You can also make a private application for an ADVO.

Before making a private AVO application, you should get legal advice.

How do I make a priv​​ate application for an Apprehended Violence Order? 

You can apply for an Apprehended Violence Order (AVO) at any Local Court in NSW.

You should speak to the Court Registry to see whether you need to make an appointment or can drop in for assistance.

Usually, a Registrar will assist you with your application. You will need to provide information about the violence or fears you have for your safety and why you need an AVO to protect you.

If you are applying for an Apprehended Personal Violence Order, you will need to provide the following information in your application:

• if you and the Defendant have an existing business relationship
• if you owe money to the Defendant
• if the Defendant owes you money, and/or
• if you have previously been to Court over a dispute with the Defendant.

It's important to tell the truth when providing this information. It is an offence to provide a false and misleading statement when applying for an AVO.

When you make your application at the Court you should let them know if you need to recover personal property from the Defendant.

Before making a private AVO application, you should get legal advice .

If you make a private AVO application to the Local Court and are unsuccessful, the Court can make a costs order against you if your application is frivolous our vexatious (inappropriate).

For more information, see Getting an Apprehended Violence Order on the My problem is about section of our website.  

I want to apply for an Apprehended Personal Violence Order against two of my neighbours. Do I need to do a separate application for each of them or can I put them both on one application? 

If you want to apply for an Apprehended Personal Violence Order (APVO) against your neighbours, you must make a separate application for each person.

To complete the form, you will need the name, date of birth (if known) and address each party.

On each application you will need to put the reasons why you want an APVO against that person. Each application must be specific to the Defendant. You need to clearly state what that person has done to cause you to fear for your safety.

For more information, see Getting an Apprehended Violence Order on the My problem is about section of our website. 

My husband and I both want to apply for an Apprehended Personal Violence Order against our neighbour. Can we make a joint APVO application? 

You may not both need to apply for an Apprehended Personal Violence Order.

Every Apprehended Violence Order has mandatory orders, now referred to as 'Orders about behaviour'. These orders state that the Defendant must not:

• assault or threaten you or anyone you have a domestic relationship with 
• stalk, harass or intimidate you or any other person you have a domestic relationship with
  
• intentionally or recklessly destroy or damage any property that belongs to you or is in your possession or any other person you have a domestic relationship with.
  

You and your husband will both be covered by the mandatory orders.

For more information, see Getting an Apprehended Violence Order on the My problem is about section of our website. 

What if the Court registry refuses to le​​t me apply for an Apprehended Violence Order? ​

The Registrar can refuse to accept your application for an Apprehended Personal Violence Order in some circumstances, including if:

• your application is frivolous or vexatious (inappropriate) and has no reasonable chance of success
• your situation could be more appropriately dealt with by mediation or another alternative dispute resolution.

If the Court registry refuses to assist you to apply for an Apprehended Violence Order, you should get legal advice.

Can I apply for an Apprehended Violence Order if I am being threatened, intimidated, or harassed by someone on social media? 

You can apply for an Apprehended Violence Order (AVO) if you have reasonable grounds to fear, and in fact fear, behaviour that is intimidating, stalking or harassing. This could include:

• sharing, or threatening to share photos, videos, personal information or anything that is designed to embarrass, humiliate or ridicule you
  
• repeated comments that threaten or intimidate you, or encourage others to threaten or intimidate you
• repeat unwanted contact.

When you apply for an AVO you will have to provide details about the other person, such as their name and address. If you don't have these details, you can speak to the police about the situation, or get legal advice about your options.

If you are under 16 years old, only the police can apply for an AVO to protect you unless your parent or guardian is applying and they are also a person in need of protection. 

How can I get my personal property?

If you need to recover your personal property from premises where the Defendant is living, you should let the police or Court know when you apply for your Apprehended Domestic Violence Order (ADVO).

When the Court considers the ADVO application they can decide whether to make a property recovery order at the same time. This is an order that allows you to collect your personal property. 

The order may specify how entry into a residence is arranged, and/or what items are to be recovered. Usually, the Court won't make an order for items that are in dispute, for example, where there is a dispute about ownership of the goods.

A property recovery order can only be made at the time an ADVO is made. You can't apply for it after a Final ADVO has been made.

For more information, see Property Recovery Orders on the My Problem is about section of our website. 

A Property Recovery Order can only be made if there is an ADVO, not an Apprehended Personal Violence Order (APVO). If you need to recover personal property where there is an APVO, you must make a different application. For more information about what to do in this situation, see Uncollected goods on the My problem is about section of the website or get legal advice.​

What happens after​ an Apprehended Violence Order​ application is made?

Once an application for an Apprehended Violence Order (AVO) is made a court date will be set and the application will be served on the Defendant. You (and the police Prosecutor if the police applied on your behalf) and the Defendant will need to attend Court on the date set. The first court date is called a mention.

You may not need to attend court on the first date if police applied on your behalf. If you are unsure whether you should attend, speak to the police or get legal advice.

Sometimes where there is an immediate need for an AVO, a Provisional AVO can be made. This will protect you until you go to Court.

In some serious cases a Court can issue a warrant for the Defendant's arrest if they have been served with the AVO application but don't attend Court.

Can I get a lawyer to represent me at court?

If the police apply for an Apprehended Violence Order (AVO) for you, the police will run the case at court. You don't need a lawyer to represent you.

If you make a private application for an AVO, you can represent yourself or you can get a lawyer to represent you. You can get a referral for a private solicitor by using the Law Society's Solicitor Referral Service.

If you are applying for an Apprehended Domestic Violence Order (ADVO), the Women's Domestic Violence Court Advocacy Service may be able to help you apply. You may also be eligible for legal aid.

For more information on eligibility for Legal Aid, see Apply for legal aid on the Ways to get help section of our website.

I’m a victim of domestic violence, are there support services at court to assist me?

If you are a female and the police have applied for an Apprehended Domestic Violence Order (ADVO) to protect you, the Women’s Domestic Violence Court Advocacy Service (WDVCAS) can provide you with support at court, make referrals for further assistance and help you prepare for future court dates. 

For more information, see Women’s Domestic Violence Court Advocacy Program on the Legal Aid NSW website.  

What happens at the me​ntion? 

The first time the Apprehended Violence Order (AVO) application comes before the Court is called the mention. What happens at the mention depends on whether the Defendant:

• has not been served with the AVO
• has been served with the AVO, but does not attend Court
• attends Court to respond to the AVO.

For more information, see Mention on the My problem is about section of our website. 

​What if the Defendant is​ not served with the Apprehended Violence Order application? ​

If the police have not been able to serve the application for an Apprehended Violence Order (AVO) on the Defendant, the matter may be adjourned to give the police more time to arrange service.

You will be given another date to come back to Court. 

What if the Defendant does n​ot go to the mention? 

If the Defendant has been served with the Apprehended Violence Order (AVO) application but does not attend Court for the mention without good reason, the Court can:

• make a Final AVO in the Defendant's absence
• make an Interim AVO and adjourn the matter to another day for the Defendant to attend
• in some serious cases, issue a warrant for the Defendant's arrest.
  

What options does a Defendant have a​t the mention?

The Defendant can:

• ask for the matter to be adjourned
• agree to the Apprehended Violence Order (AVO) being made
• offer an undertaking
• oppose the AVO being made
• make a cross application against you.

In Apprehended Personal Violence Order (APVO) cases, the Court may also refer you and the Defendant to mediation, unless there is a good reason not to, for example, if there is a history of physical violence. This will usually happen before the Defendant responds to the AVO.

For more information, see Mention on the My problem is about section of our website.

What if the Defendant agrees to the Apprehended Violence Order ​​being made?

If the Defendant agrees to the Apprehended Violence Order (AVO) it will be made on the same day. The Defendant can agree to the AVO being made without admitting to any of the facts in the application. For example, they can agree to the AVO even if they don't agree that they assaulted you.

What if the Defendant offers an under​​​taking?

An undertaking is a verbal or written promise not to do certain things. An undertaking is not enforceable like an Apprehended Violence Order.

​Before accepting an undertaking offered by the Defendant, you should get legal advice.

Will I have to g​o to medi​at​io​​n? 

If you apply for Apprehended Personal Violence Order (APVO), you and the Defendant will usually be referred to mediation unless there is a good reason not to, for example, if you have tried mediation before and it was unsuccessful, or if there is a history of physical violence.

If you apply for an Apprehended Domestic Violence Order (ADVO), you could be referred to mediation, but it will depend on the circumstances. You should speak to the Domestic Violence Liaison Officer, Women’s Domestic Violence Court Advocacy Service NSW or a lawyer if you have concerns about mediation.​

For more information, see Preparing for mediation in Mediation on the My problem is about section of our website.

What happens if the​ Defendant d​​isputes the Apprehended Violence Order at the mention?

If the Defendant does not agree to the Apprehended Violence Order (AVO), the Court will:

• make directions (orders) for witness statements to be filed and served
• list the matter for a further mention. 

A witness statement is written evidence you want to rely on for your case. If the police applied for an AVO on your behalf, the police will arrange witness statements.

At the next mention, the Court will check that you and the Defendant have served your witness statements. If you have, the Court may list your case for hearing and may want more information from both you and the Defendant, such as:

• how many witnesses you need
• if any of the witnesses are children
• if any interpreters are needed for your witnesses
• any dates you or your witnesses are unable to go to court.

For more information, see Mention on the My problem is about section of our website.

What is a ​​​witness stat​ement? 

A witness st​atement is the evidence that you want to rely on in your case.

If the police applied for an Apprehended Violence Order (AVO) on your behalf, they will prepare the witness statements for your case. Police may present a video or audio recording of their interview with you as a statement. From 25 November 2020, this evidence will be given in a closed court in domestic violence matters.

If you made a private application for an AVO, you will need to prepare your witness statements. A witness statement could be from you or it could be from another person.  From 25 November 2020, if it is a domestic violence matter, your evidence will generally be given in a closed court. You may also be entitled to give evidence in other ways such as by audio visual link (AVL) or from another room. These options do not apply to proceedings that commenced before 25 November 2020.

It is important that your witness statement includes all the information that you want to rely on. If you don't include something important in your statement, it may be more difficult for you to use it in Court.

For more information, see Written statements and evidence on the My problem is about section of our website. 

Can I withdraw my statement?

This is complex. A signed statement includes a declaration that the contents are true and accurate. 

It is a crime to make a false statement. If you tell the police that you lied in your statement, you could be charged with giving a false statement. 

Before you speak to the police about changing or withdrawing your statement, you should get legal advice. 

If the police don't need you to give evidence, they might allow you to withdraw your statement and they won't call you as a witness. 

Can I ask the Police to withdraw charges against the Defendant?

Once a person has been charged with an offence it is up to the police or the prosecution to decide whether the charges will continue. This is the same for an AVO.

With domestic violence matters, there is a general policy not to withdraw domestic violence charges or an AVO application unless there are good reasons.

What if I don't follow directions to​​​ file and serve my witness statements?

If you don't follow the directions, the Court may:

• not allow you to rely on late statements
  
• give the Defendant more time to respond to your statements if they are late, or
• dismiss your application for an Apprehended Violence Order (AVO).

I filed my witness statements and sent them to the Defendant but I haven't been served with any witness statements from the Defendant. What can I do?

You should contact the court registry as soon as possible and tell them. The court staff can check the orders that were made by the Court. The court staff can also check the file and see if the Defendant has filed the statements with the registry. If the Defendant has filed a copy with the registry you may be able to go and collect a copy.

If the court registry can't help you, you will need to tell the Court at the next mention that the Defendant has not followed the orders.

The Court may:

• adjourn the matter to give the Defendant more time 
• make a Final Apprehended Violence Order, or
• give you a hearing date and proceed without the Defendant's witness statements.
  

Do I have to give evidence at the hearing?

If the Defendant opposes the Apprehended Violence Order application, there will be a hearing and the police may want you to go to Court to give evidence.

From 25 November 2020, if it is a domestic violence matter, your evidence will generally be given in a closed court. You may also be entitled to give evidence in other ways such as by audio visual link (AVL) or from another room. These options do not apply to proceedings that commenced before 25 November 2020.

From 1 September 2021, if it is a domestic violence criminal matter or related apprehended violence order proceedings where the Defendant is self-represented, the Defendant is not allowed to directly ask you questions about your evidence in court. In this situation, the Court will appoint a suitable person to ask the questions on behalf of the Defendant. Court appointed questioners are court staff or Justices of the Peace.

If you don't want to go, you can talk to the police about whether they need you to give evidence.

If you have to go to the hearing and give evidence, you must tell the truth. If you don't you, can be charged with perjury.

I received a subpoena to give evidence in court. Do I have to comply?

If the police need you to give evidence and you don't want to go, they may subpoena you. A subpoena is a court order that directs you to go to Court to give evidence or provide documents to the Court. 

You must comply with a subpoena unless you have a lawful excuse not to. If you don't, the Court may issue a warrant for your arrest, and you may be arrested and charged with contempt of court. 

If you have to go to the hearing and give evidence, you must tell the truth. If you don't, you can be charged with perjury.

If you have received a subpoena and you don't want to go to the hearing, you should get legal advice.

For more information, see the Subpoenas topic on LawPrompt.

What will happen if I don't go to the mention or the hearing?

If the police have applied for an Apprehended Violence Order (AVO) on your behalf, you should tell the police if you can't go to the mention or the hearing. The police will decide whether to go ahead without you there. They may ask the Court to adjourn the case to another day so that you can attend.

If you have made a private application for an AVO and you can't go to Court, you should contact the Court before the date.

The Court may:

• adjourn your mention or hearing to another day, or
• dismiss your application.
  

The Court may order you to pay the other side's legal costs. 

For more information, see Cost​s​ in AVO cases​ on the My problem is about section of our website.

How can I withdraw my Apprehended Violence Order application?

If the police applied for an Apprehended Violence Order (AVO) on your behalf, only the police can withdraw it.

You can write or speak to the police involved (the Police Officer who applied for the AVO, the police Domestic Violence Liaison Officer or the police Prosecutor) requesting that the application be withdrawn and explain why.

The police can proceed with the AVO application even though you want to withdraw it, particularly if they think you are being pressured, forced or threatened to drop the AVO by the Defendant.

If the Defendant is putting pressure on you to drop the AVO, you should get legal advice.

If you made a private application for an AVO, you can tell the Court that you want to withdraw your application. 

Before you withdraw your application, you should get legal advice. The Court may make a costs order against you.

For more information, see Cost​s​ in AVO cases​ on the My problem is about section of our website.

Can the Defendant be o​​rdered to leave the family home?

An Apprehended Violence Order (AVO) can affect whether the Defendant is able to live in the family home.

If an AVO is made that includes orders about where the Defendant cannot go, this might mean the Defendant can't live at, go into or within a certain distance of the family home. This is called an exclusion order.

The Court will consider the following factors when deciding whether to restrict the Defendant from the family home:

• your safety and protection, and the safety of any child affected by the behaviour of the Defendant
  
• any hardship that would be caused if the Defendant was not allowed in the home
  
• the accommodation needs of all parties, in particular you and any children
  
• anything else relevant.
  

The Court will give you reasons if they decide that it is appropriate to prevent or restrict the Defendant's access to the premises.

The Court can make this order for a property you are renting or that you own with the Defendant.

If you and the Defendant rent the family home and the Court doesn't make an exclusion order, you may be able to apply to the NSW Civil and Administrative Tribunal for an order to exclude the Defendant.

For more information, see Consequences for the protected person​ on the My problem is about section of our website.

Can I still live with the Defen​​dant if an Apprehended Violence Order is made?

​An Apprehended Violence Order (AVO) does not stop you doing anything, it puts restrictions on the Defendant.

Whether the Defendant can live with you depends on what orders are in the AVO.

If the AVO only has the mandatory orders, you and the Defendant will be able to continue living together.

The AVO may include additional orders which stop the Defendant contacting you, approaching you, or going to your home. If your AVO contains one of these orders, and you and the Defendant continue living together, the Defendant will be breaching the AVO and may be charged with an offence. 

For more information, see Mandatory and additional orders in Types of Apprehended Violence Orders​ on the My problem is about section of our website.

How will an Apprehended Violence Order ​​affect ​​my parenting matter? 

If you have parenting orders and an Apprehended Violence Order (AVO), the parenting orders will override the AVO if there is an inconsistency.

For more information, see Apprehended Violence Orders and Family Law on the My problem is about section of our website.​ 

If you are unsure whether the AVO will stop the Defendant seeing your children, you should get legal advice. 

There is a Final Apprehended Violence Order (AVO) in place to protect me. The Defendant has recently gone to gaol. Does the AVO remain in place?

An Apprehended Violence Order (AVO) remains in place for the length of time the Court made the order for, regardless of whether the defendant goes to gaol. 

This means that the Defendant must continue to follow the orders in the AVO while in gaol, until the AVO expires. 

For example, if the AVO contains an order that restricts the Defendant from contacting you, then the Defendant must follow the order even while in gaol.

An AVO may stop the person(s) protected from visiting the Defendant in gaol.

If this happens, you should get legal advice.

What happens if the Defendant breache​​s the Apprehended Violence Order?

If the Defendant does anything that the Apprehended Violence Order (AVO) says they are not to do, they will be breaching the AVO. It is a criminal offence to breach an AVO.

You should keep a copy of the AVO with you and call the police if the Defendant breaches any of the orders listed on the AVO. The police may then charge the Defendant with breaching the AVO and they will have to go to court for this offence. If the Defendant pleads not guilty, you may have to go back to Court to give evidence as a witness for the police.

For more information, see Reporting a breach on the My problem is about section of our website.

Can I apply for th​e Apprehended Violence Order to be varied or re​voked? 

If circumstances have changed between you and the Defendant, you may be able to apply for the Apprehended Violence Order (AVO) to be varied (changed) or revoked (cancelled).

You can apply to vary the AVO to:

• extend the duration of the AVO
• reduce the duration of the AVO
• add orders
• delete orders
• amend (change) orders.
  

You can apply to vary or revoke an Apprehended Domestic Violence Order in any State or Territory. You can also apply to vary or revoke an interstate Domestic Violence Order in NSW. Before you apply, you should get legal advice.

If you want to apply to vary or revoke an AVO you must do it while the AVO is in force. 

If you are under 16, you can't apply yourself to vary or revoke an AVO; an interested party must do this with the leave (permission) of the court. An interested party includes: 

• a parent of the protected person
• the Department of Communities and Justice (DCJ)
• the police
• the Defendant.

For more information, see Vary or revoke an Apprehended Violence Order on the My problem is about section of our website.

Can the Court vary or revoke an indefinite Apprehended Violence Order?

A Defendant who wants to vary or revoke an indefinite Apprehended Violence Order (AVO) must get leave (permission) from the Court before applying.

The Court may allow the Defendant to apply to vary or revoke the AVO only if:

• there has been a significant change in circumstances since the order was made or last varied
• it is otherwise in the interests of justice.

If the Defendant wants to vary or revoke an indefinite AVO, you should get legal advice.

Do I need to go​ back to the same cour​t which made the Apprehended Violence Order against the Defendant if I want the order varied or re​vo​ked? 

An application to vary or revoke an Apprehended Violence Order (AVO) can be made at any Local Court in NSW. It does not have to be filed in the Court that heard the original application. An application to vary or revoke an AVO will generally be heard by the Court where you file the application.

You can apply to vary (change) or revoke (cancel) an Apprehended Domestic Violence Order in any State or Territory. You can also apply to vary or revoke an interstate Domestic Violence Order in NSW.

Before you apply, you should get legal advice. 

For more information, see Vary or revoke an Apprehended Violence Order on the My problem is about section of our website.

Can I appeal against a refusal to make an ​Apprehended Violence Order?

If the Court refuses to make an Apprehended Violence Order (AVO), you, or the police Prosecutor, can appeal to the District Court within 28 days or within three months, with leave (permission) of the Court.

For more information, see Appeals and annulments on the My problem is about section of our website.

Can an Apprehended Violence Order made in NSW be enf​​orced in another State or Territory?

An Apprehended Domestic Violence Order (ADVO) made on or after 25 November 2017 is automatically recognised and enforceable in any State or Territory.

An ADVO made before 25 November 2017 is not automatically recognised and enforceable in another state or territory unless you apply to a Local Court for the order to be declared and nationally recognised.  

If you have an Apprehended Personal Violence Order (APVO) made in NSW, you may be able to register it in another state, territory or New Zealand if you need protection in that jurisdiction. You should check with the Court in the jurisdiction where you want the AVO enforced about what you need to do to register the order.

For more information, see ​Interstate orders on the My problem is about section of our website.

Can an Apprehended Violence Order made in another State be enforced in NSW?

An Apprehended Domestic Violence Order (ADVO) made in any State or Territory on or after 25 November 2017 is automatically recognised and enforceable in NSW.

An ADVO made before 25 November 2017 is not automatically recognised and enforceable. You will have to apply to a Local Court for the order to be declared and nationally recognised.  

NSW Police may issue a Provisional ADVO if they do not have enough information about the original Domestic Violence Order. 

If you have an Apprehended Personal Violence Order (APVO) made in another State, you can register it in NSW. This will allow NSW Police to enforce the APVO if there is a breach.

For more information, see ​Interstate orders on the My problem is about section of our website.

How long does an Apprehended Violence Order last?

An Apprehended Personal Violence Order (APVO) will last for:

• the period of time specified by the Court, or
  
• if the Court fails to specify a time, 12 months. 

An Apprehended Domestic Violence Order (ADVO) made before 28 March 2020 will last:

• for the period of time specified by the Court, or
• if the Court failed to specify a time, 12 months.

An ADVO made after 28 March 2020 will last:

• for the period of time specified by the Court, or
• two years if the defendant was above 18 years when the application was made, or
• one year if the defendant was under 18 years when the application was made. 

From 27 March 2021, when an ADVO is made against a Defendant who is sentenced to full time gaol for a serious offence, the Court can order that the ADVO remain in place for the time the Defendant is in gaol and continue for 2 years after the gaol term is complete.

A Court can make an ADVO for an indefinite period of time if:

• the Applicant has asked for an indefinite ADVO
• the Defendant is an adult (over 18 years of age)
• there is a significant and ongoing risk of death or serious physical or psychological harm to the protected person and any of their dependents
  
• the risk can't be reduced by an order for a limited period of time. 

A Court can't make an ADVO for an indefinite period of time against a child. 

If your Apprehended Violence Order (AVO) is about to expire, you can apply for a variation of the AVO to get it extended if you still fear the Defendant.