Apprehended Violence Orders against children

If you have been served with an application for an AVO, you can:

• ask for an adjournment to get legal advice
• agree to get counselling or treatment
• agree to mediation
• consent (agree) to an Interim AVO
• consent (agree) to a Final AVO
• oppose the application
• do nothing.

If you are under 18, your case will be heard in the Children's Court.

You will be called the 'defendant'.

The courtroom will be closed for your case. Members of the general public are not allowed in the Children's Court, and any other criminal proceedings involving a child.

If you are going to court for an AVO matter, you may be able to have your parents or other support person in the courtroom. 

For more information, see AVOS: Children and Young people in the Children's Court NSW website.

At the mention, the Court will ask you whether you want to have counselling or another kind of treatment to deal with the problems that led to the application being made against you.

The Court may ask you to speak to a court support officer so they can decide whether you are suitable for counselling or another kind of treatment.

If agree to go to counselling or treatment, you must tell the Court the name of the service and the date of your appointment. This will be recorded on the Court file. Your case will be adjourned to allow you to go to counselling or treatment. If you agree, the Court can make an interim AVO for three months, while you go to counselling or treatment.

If there is no counselling or treatment that you can go to, or you don’t agree to go to counselling or treatment, the Court will ask you if you agree to an interim AVO being made against you for five months. If you agree, and you don’t breach the AVO, the police can withdraw the application. If this happens, the interim AVO will end and your matter will be finished.

If the police don’t withdraw their application after five months, the Court will ask you whether you agree to a final AVO being made against you. If you agree, the Court will make the AVO and you will have to follow the orders until it is finished.

If you don’t agree, the Court will make orders for a hearing. 

Depending on what you want to do, the Court may:

• refer you to counselling
• refer you to mediation
• adjourn (postpone) your case to a later date
• make an Interim AVO (temporary AVO) and adjourn (postpone) the case to a later date
• make a Final AVO
• set a date for a hearing
• give the applicant permission to withdraw the application.

The duration of an AVO

If an Interim or Final AVO is made against you, the order will be for:

• the period of time decided by the Court, or
• one year, if the Court doesn’t specify a length of time.

If a Final AVO is made against you, it must be for a specific period of time. It can’t be for an indefinite period of time.

Your name or other identifying information cannot be published. The public won’t know about your case. 

Only the person who made the application can ask the court for permission to withdraw an AVO.

If the police applied for an AVO, only the police can ask to withdraw the application.

An application can be made to vary or revoke an Interim or Final AVO by:

• you
• the police, and
• the protected person.

If an application to vary or revoke has been made, the above rules will apply.

For more information, see Vary or revoke an AVO. 

You can appeal to the District Court within 28 days if the Court:

• makes an AVO against you when you are in Court
• varies the AVO
• refuses to vary the AVO
• refuses to revoke the AVO.

Appealing the Court’s decision to make an AVO doesn’t automatically stay (stop) the operation of the AVO. You can apply to the Court for an order to stay the AVO. The Court will only make an order if it will not affect the safety of the protected person or any other person.

Before filing an appeal, you should get legal advice.

If the AVO application is dismissed, the applicant may appeal the decision to the District Court within 28 days. You should be notified of any appeal.

For more information, see Appeals and annulments.

If you feel unsafe because of  violence affecting you, it is important to talk to someone.  You could talk to an adult you trust and feel comfortable with, like a family friend or a teacher. 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 is a free counselling service that helps children and young people. You can call them 24 hours a day on 1800 55 1800. The Kids Helpline website has information for young people and children.
• Child Protection Helpline is a 24 hour phone line for reporting a child at risk of abuse and neglect, run by the Department of Family and Community Services. Their telephone number is 132 111.
• The Domestic Violence Line provides 24 hour phone line providing crisis support for people affected by domestic and family violence. For help with counselling, referrals, or assistance with emergency accommodation, call 1800 656 463.
• 1800 RESPECT provides 24 hour counselling, support and referral for anyone whose life has been impacted by sexual, domestic or family violence on 1800 737 732.
• If you need support in court there are services that provide information, support, referrals and help with safety at court. For more information see  Family  Advocacy and Support Service and Women’s Domestic Violence Court Advocacy Service provide women and their children with information, advocacy and safety planning and legal advice including Apprehended Domestic Violence Orders.
• Victims of crime, including children may be eligible for financial assistance, a recognition payment and free face-to-face counselling through Victims Support.  For more information see the Victims Services NSW website.