Responding to an AVO

What is a​​n Apprehended Violence Order?

An Apprehended Violence Order (AVO) is a court order prohibiting or restricting the behaviour 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 Apprehended Violence Orders (AVOs):

• Apprehended Domestic Violence Order (ADVO) - protects people 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 including housemates. 
• Apprehended Personal Violence Order (APVO) - protects 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.   

Wh​​at orders are included ​​in​​ an Apprehended Violence Order?

All Apprehended Violence Orders (AVOs) must include mandatory orders (also known as standard or 'Orders about behaviour'). They state that you 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, 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 protected 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.
  

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, you will:

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

The protected person doesn't have to suffer actual violence.

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

• is a child
• is a person of appreciably below average intelligence function
• has reasonable ground to fear a domestic violence offence
• has been a victim of a personal violence offence committing 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 Responding to an AVO application (defendant) in 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, degrading 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 stalk​​ing?

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​ intimidation​?

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.

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.

If a police officer is making an application for a Provisional AVO, the officer may direct you to stay at a place until they can serve (give) the order to you. If you don't follow the direction, the police have powers to detain you until you are served. If this happens, you should get legal advice.

For more information, see Responding to an AVO application (defendant) in on the My problem is about section of our website.

What is an Interim ​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 you
• 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 you. 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 you are present in Court when the Interim Order is made. If the Interim AVO is made when you are not at Court, it will commence when you are 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 this 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 there is already an Interim or Final AVO in place but a new domestic violence incident occurs with the same protected person which requires the police to issue a Provisional AVO with new orders.

I am the Defendant in an Interim or Final Apprehended Violence Order. The police have applied for a Provisional Apprehended Violence Order with the same protected person. What happens if the conditions are inconsistent between the 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 Apprehended Violence Order (AVO) when there is an existing Interim or Final AVO in place with the same protected person, the Provisional AVO should not reduce the protection given to protected person under the existing order.

If you are the Defendant in multiple orders and the conditions are inconsistent or contradictory, you should get legal advice.

How is an Apprehended Violence Order served?

If you are the Defendant in an Apprehended Violence Order (AVO) matter, you must be served personally. 

This means the application must be:

• handed to you, or
• put down in your presence and you must be told what you are being served with.

The police will serve an AVO on you, regardless of whether it is a police or private application.

The police can detain you, or direct you to stay at a certain place, to serve you with an AVO.

A Provisional or Interim AVO will not take effect until it is served on you.

For more information, see Service of documents (defendant) on the My problem is about section of our website.

Can I get a lawyer to represent me at ​Court?

You can get a lawyer to represent you at Court or you can represent yourself.

Legal Aid is not usually available for Defendants in Apprehended Violence Order (AVO) cases unless you have also been charged with criminal offences or there are exceptional circumstances. You will also need to meet the Legal Aid eligibility tests which assess income. 

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

You may want to pay a private lawyer to represent you. You can get referrals to private solicitors by using the Law Society's Solicitor Referral Service.​

Young persons and under 18 are eligible for Legal Aid representation when they are a defendants in an AVO even where there are no associated charges. For help in court, they should see the duty solicitor before going into the court room, or call the Youth Hotline on 1800 10 18 10. For more information see Children’s Legal Service in the My problem is about section of our website.

What if I don't go​ to the​​ mention?

If you don't go to the mention:

• an Apprehended Violence Order (AVO) may be made against you
  
• the matter may be adjourned to another date, or
  
• a warrant may be issued for your arrest.
  

Going to the mention will allow you the opportunity to respond to the AVO application made against you. This could be important if the orders listed on the AVO affect where you can live, work or what contact you have with the person in need of protection or your children.

If you can't attend the mention, you should get legal advice

If you have missed Court because you were ill, or there was an accident or other genuine reason which stopped you from attending, and an AVO was made against you, you may be able to apply for an annulment within two years of when the AVO was made.

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

What are my options at the ​​men​tion?

There are a number of ways that you can respond to an application for an Apprehended Violence Order (AVO):

• ask for an adjournment to get legal advice
• ask for the case to be moved to another Court
• consent (agree) to the AVO without admissions (without agreeing to the facts)
• consent (agree) to the AVO with admissions (agreeing to the facts)
• give the Court an undertaking (formal promise)
• making a cross application (applying for an AVO to protect you from the protected person)
  
• oppose the application
• do nothing.
  

For more information, see Responding to an AVO application on the My problem is about section of our website. 

Will I have to go to​ mediation?

In Apprehended Personal Violence Order (APVO) cases, you will generally be referred to mediation unless there is good reason for you not to go, for example, if there is a history of physical violence, or if you and the applicant have already tried mediation and it was unsuccessful.

In Apprehended Domestic Violence Order (ADVO) cases, mediation may be an option but it depends on the circumstances.

If the Court refers you to mediation through a Community Justice Centre (CJC), the CJC will provide a report to the Court about the outcome of your mediation. 

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

What if the application for the Apprehended Violence Order includes lies or misleading information?

If you have concerns about allegations raised in the Apprehended Violence Order (AVO) application, you should get legal advice.

If you disagree with the AVO being made or believe there aren't grounds to support the need for an AVO, you should get legal advice.

It is an offence if:

• the applicant or protected person provides a false or misleading statement to the police
  
• the applicant provides a false or misleading statement to the Court when making a private APVO application. 
  

Can I get my Apprehended Violence Order matter ​​transferred to another Court?

You may be able to have your Apprehended Violence Order (AVO) matter transferred to another Local Court in NSW but only if the Court thinks it is appropriate in your circumstances.

The Court will consider:

• where you and the applicant/protected person live 
• where any witnesses live, including any police witnesses. 

Usually, the Court won't transfer a police application for an AVO. If you want your AVO matter transferred to another court, you should contact the Court where you are meant to appear for more information.

You can't have your AVO matter transferred to a Court in another state or territory as different laws apply in each state.

If you can't attend Court because it is far away from where you live, you should get legal advice about your options. If you don't go to Court, the AVO may be made against you or a warrant may be issued for your arrest.

What happens if I dispute ​the Apprehended Violence Order at the mention?

If you don't agree to an Apprehended Violence Order (AVO) being made against you, the Court will:

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

At the next mention, the Court will check that you and the applicant have served your witness statements. If you have, the Court will list your case for hearing and may want more information from both you and the applicant, 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 ​​statement?

A witness statement is the evidence that you want to rely on in your case. A witness statement could be from you or it could be from another person. 

If you are writing a witness statement, it is very important that you include relevant information that will support your case. If you don't include something important in your statement, it may be more difficult for you to rely on it in Court.

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

What if the Applicant hasn't followed directions to file and serve their witness statements?

If the Applicant hasn’t followed the directions to file and serve their witness statements, 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 Applicant has filed the statements with the registry. If the Applicant 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 Applicant has not followed the orders.

The Court may:

• not allow the Applicant to rely on late statements
• adjourn or delay the hearing, or
• decide to dismiss the application for an Apprehended Violence Order. 

You should still follow the court’s directions to file and serve your witness statements even if the Applicant has not filed and served theirs.

If the applicant files their statements late after you have already filed your statements, you may be able to file an amended statement or another statement. If you think you want to do this, you should get legal advice.

What if I don't foll​​ow 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
• adjourn or delay the hearing, or
• decide to rely on the applicant's evidence and make an Apprehended Violence Order against you. 
  

Can I question the applicant or protected person about their evidence during proceedings?

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

Can I claim cost​​s?

You can ask for a costs order to be made against the applicant if you are successful in defending the Apprehended Violence Order (AVO) application.

However, a cost order will generally not be made against an applicant in an AVO matter unless the Court considers that the application is frivolous or vexatious.

An order for costs can't be made against an applicant who is a police officer unless the court is satisfied that the police officer made the application either:

• knowing it contained anything false or misleading
• seriously mismanaged  the case proceedings.

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

What if I need to collect personal​ items from the home?

If there is an Apprehended Domestic Violence Order (ADVO) against you (including a Provisional or Interim Order), you should read the conditions of the ADVO carefully to see whether it would be a breach of the order to return home to collect personal items. You should speak to a lawyer before collecting the items if you are not sure whether you are breaching the conditions of your ADVO.

In some situations, the Court can make a property recovery order during ADVO proceedings. This order allows you to collect property from the home of the protected person and can specify how entry to the home is arranged and what items are to be recovered. A property recovery order usually won't be made about property where ownership is in dispute.

A property recovery order can only be made when 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 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.

I am a child under 18, what happens if someone applies for an AVO against me?

An apprehended violence order (AVO) is an order made by a court. It prevents one person from acting in a certain way towards another

If someone applies for an AVO against you, you will also be given (served with) a copy of the application. You must both go to court for the AVO on the date listed in the application. If you don’t go to court on this day, the court may make an AVO against you even though you are not there.

If you need more time, you can ask for the hearing postponed to a later date. If you haven’t spoken to a lawyer before your court date, you should get to court early and speak to the Legal Aid duty solicitor before your case is called.

When the AVO application is being heard in court, you can agree to the AVO (consent) or disagree to the AVO being made. If you disagree with the AVO,  the case will adjourned and be set down for hearing at a later date, where the Court will hear evidence from both sides and decide whether an AVO should be made. During this time the court will make an temporary (interim) AVO for 3 to 5 months.  If no further incidents happen in that period, the AVO against you may be dismissed.  

If the Children's Court makes a final AVO, the order will be in place for a period determined by the Court.

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

What is the effect of an Apprehended Violence Order when ​it is made?

When an Apprehended Violence Order (AVO) is made, it will not be listed on your criminal record and it will not appear in a criminal record check. An AVO will not be listed on your criminal history either. However, if you breach an AVO and are convicted, the offence will be listed on your criminal record and will appear in a criminal record check. 

There may also be other consequences:

• the orders in the AVO may restrict places you can go and people you can communicate with, such as your children
  
• if you are a tenant and the AVO contains an order that excludes you from your property, your tenancy will be automatically terminated
  
•  the AVO is kept on a police database and can be accessed by police in the future
• your firearms licence will be automatically revoked and you will have to surrender any firearms you have
• there may be an effect on your work, particularly if you work as a security officer as your licence will be affected, or in an occupation where you need a firearms licence.
  

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

I am a child under 18, what happens if the court makes a final or interim AVO against me?  

If the court makes an AVO against you, read it carefully. It will list things you can or can’t do, this is called ‘orders’.  You must obey the orders in the AVO for the period of time stated in the AVO. You should not disobey the orders, even if protected person named in the AVO encourages you to or asks you to do that thing. For example, if you are not allowed to communicate with a person, don’t answer their phone calls or reply to their SMS messages or else you may breach your AVO. 

If the protected person wants you to be able to do things that are not allowed by the AVO, they can apply to the Court to have the AVO changed or cancelled (revoked).  You can apply to the court to have the AVO withdrawn, changed or shortened.

An AVO is not a criminal charge. It will not appear on your criminal record. However, if a final or interim AVO has been made against you, and you knowingly breach one of the conditions in the AVO, this will be a criminal offence. You may have to pay a fine of up to $5,500, or be imprisoned for up to two years. 

If someone applies for an AVO against you, you should get legal advice. You can get help from the Legal Aid Children’s Legal Service, by calling the Youth Hotline on 1800 10 18 10, or see the Legal Aid duty lawyer in court. 

Can I be ordered to leave my home?

If an Apprehended Violence Order (AVO) is made against you, it may include an exclusion order. This is an order that says you cannot live at, go into or within a certain distance of your home.

When the Court makes an AVO, it will consider the following factors when deciding whether to restrict you from your home:

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

The Court will give reasons if it decides that it is appropriate to prevent or restrict you from accessing the premises.

If you and the protected person live in a rented property, you may be excluded from the home if the protected person gets a Final AVO against you, or gets an order from the NSW Civil and Administrative Tribunal saying that you can't live in the property. 

For more information, see the factsheet Domestic violence and tenancy on the Tenants' Union of New South Wales website.​

Can I still live with the protected person if an Apprehended Violence Order is made?

Whether the Apprehended Violence Order (AVO) will stop you living with the protected person will depend on the orders in the AVO.

The AVO will include mandatory orders and these will not prevent you and the protected person from living together. 

However, the AVO may include additional orders that restrict the contact you have with the protected person.You may be breaching these orders for you to live together. If you breach the AVO, you can be charged with a criminal 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.

If your home is rented, the protected person may have additional rights under the Residential Tenancies Act 2010 (NSW) to stay at your rented property (and exclude you), to end your tenancy, or to remove themselves from the lease.

For more information, see the factsheet Domestic violence and tenancy factsheet on the Tenants' Union of New South Wales website.

There is a Final Apprehended Violence Order (AVO) in place against me. I now have to go 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 you 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 you from contacting the protected person, then you must follow the order even while in gaol.

Do I have to tell my employer if an​​ Apprehended Violence Order is made against me?

An Apprehended Violence Order (AVO) is not a criminal conviction and will not be on your criminal record. 

You don't need to disclose this information to your employer unless a condition of your employment includes a requirement that you notify your employer specifically about AVOs.

Some professions, like lawyers, have requirements that you be of good character and reputation.

If you are unsure whether you have to tell your employer, you should get legal advice before you say anything.

Do I have to disclose that I have an Apprehended Violence Order if I am applying for a new job?

Some occupations may require you to disclose an Apprehended Violence Order (AVO), for example, jobs that require you to hold a firearms licence like a security guard or a police officer.

You will need to check your employment paperwork carefully before deciding whether you need to disclose an AVO.

If you are not sure whether to disclose an AVO you should get legal advice.

Will an Apprehended Violence Order prevent me from seeing my children?

Whether you will be able to see your children will depend on:

• whether you have parenting orders
• what orders are in the Apprehended Violence Order (AVO)
  
• whether your children are protected persons.

If you have parenting orders and an AVO, the parenting order will override the AVO if there is an inconsistency. This means that you will be able to continue seeing your children as set out in your parenting orders, even if there is an order in the AVO that prohibits you from having contact with them.

If you don't have parenting orders and your children are protected persons, you will be able to see your children if the orders in the AVO don't prohibit you from having contact.

If your children aren't protected persons, you will be able to see them. However, this may be difficult if the protected person is the other parent, and you cannot contact the other parent to arrange to spend time with your children.

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

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

Is it a breach if the protected person ​​invites me to do something against the orders? 

If you were invited by the protected person to do something that is against the orders in the Apprehended Violence Order (AVO), you can still be charged with a breach of an AVO. You must follow the orders in the AVO until it is no longer in force.

If you are not sure whether doing something will breach the AVO, you should get legal advice. 

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 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 the protected person still has fears and the AVO is about to expire, they may apply for a variation of the AVO to get it extended.

I have been sentenced to full time gaol for a serious offence and the Court made Final Apprehended Domestic Violence Order (ADVO) against me in the same matter. How long will that AVO last?

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.

What happens if I breach ​the Apprehended Violence Order?

If you breach an AVO by disobeying the orders, police can arrest and charge you with:

• the criminal offence of contravening the AVO (breaching the AVO), and
• other criminal offences, for example, assault or destroying or damaging property.

A breach of an Apprehended Violence Order (AVO) is a serious criminal offence.

If you are convicted of breaching an AVO you can be fined and/or given a gaol sentence.

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

Can I appeal the Apprehended Violence Order made against me? 

If an Apprehended Violence Order (AVO) is made against you when you are at Court, you may be able to appeal the decision to the District Court within 28 days, or within 3 months if you get leave (permission) of the District Court. If you want to appeal, you should get legal advice.

If an AVO was made when you weren't at Court, you may be able to apply for an annulment within two years from the date the AVO was made.

For more information, see Annulment application in Appeals and annulments (defendant) on the My problem is about section of our website.

Can I apply for the Apprehended Violence Order to be varied​ or revoked?

If circumstances have changed between you and the protected person, 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.

You can apply to revoke or vary an AVO at any Local Court in NSW. The application does not need to be filed with the same Court that made the AVO. An application to vary or revoke an AVO will generally be heard by the Court where you file the application.

The Court can refuse to hear your application if there is no change in circumstances.

If you want to vary or revoke an indefinite AVO, you must get leave (permission) from the Court. Before making an application to vary or revoke an AVO, you should get legal advice.

For more information, see Vary or revoke an AVO (defendant) on the My problem is about section of our website.

Can I apply to vary or revoke an indefinite Apprehended Violence Order?

If you want to vary or revoke an indefinite Apprehended Violence Order (AVO), you must get leave (permission) from the Court before applying.

The Court may allow you 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 you want to vary or revoke an indefinite AVO, you should get legal advice.

Can a NSW Apprehended Violence Order be enforced interstate?

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. The protected person can apply to any Local Court for the ADVO to be declared and nationally recognised.

If the protected person has an Apprehended Personal Violence Order (APVO) against you, they can register the order in another Australian state, territory or New Zealand if they need protection in that jurisdiction. This will allow the police to enforce the APVO if there is a breach. 

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

Can an interstate Apprehended Violence Order be enforced in NSW?

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. The protected person can apply to any Local Court for the Domestic Violence Order (DVO) to be declared and nationally recognised. If the protected person has an Apprehended Personal Violence Order (APVO) against you, they can register the order in NSW. This will allow NSW Police to enforce the APVO if there is a breach.

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