Apprehended Violence Orders to protect children

An application for an AVO to protect a child who is 16 years or over can be made by:

• the police
• the child’s guardian
• the Department of Communities and Justice
• the child.

If an AVO lists both adults (for example, a parent) and a child or children, the adults can apply to either the Local Court or ask the police to apply for an order.

Children under 16 years old should be named as a protected person on an AVO protecting a parent, unless there are good reasons not to.

Even if they are not named, the mandatory orders in all AVOs still protect ‘a person with whom the protected person has a domestic relationship’. This includes children.

If you think your children need a separate AVO for their protection and they are aged under 16 years, only a police officer can apply for an AVO for their protection.

The police must apply for an AVO to protect a child if they have recently, are currently, or will likely be the victim of an offence that results in:

• physical injury or sexual abuse
• emotional or psychological harm that significantly damages their emotional or intellectual development
• harm to their physical development.

For more information, see Police AVO applications (protected person).

If a Court makes an Apprehended Domestic Violence Order (ADVO) to protect an adult, the Court must include as protected persons any child that the adult has a domestic relationship with, unless there are good reasons for not doing so.

The Court can make an ADVO in these circumstances even though the police didn't make the application.

The child's names may be removed from the AVO if the Court finds that there are good reasons for doing so.

If the defendant is a parent or family member of a child protected by an AVO, you should think about how family law might affect the AVO.

For more information, see AVOs and Family Law.

If the police apply for an AVO to protect a child under 16, they will represent the child at court. Usually, cases involving children are dealt with in a closed court. This means that members of the public are not allowed in the courtroom.

In most cases, protected persons who are children under 16 will not need to give evidence about the case unless the Court believes it is necessary.

If a child has to give evidence, they may be able to have their parents or other support person in the courtroom. The Court must be closed while they are giving evidence and everyone not involved in the case will have to leave the courtroom.

The child may be able to give evidence:

• from a recorded interview with police, or
• via audio visual link (AVL).

The defendant is not allowed to cross examine a child themselves. Cross examination can only be done by the defendant’s lawyer.  

If you have any concerns about going to court or giving evidence, you should speak to the police prosecutor or Domestic Violence Liaison Officer (DVLO).

If the defendant is under 18, an application for an AVO will be heard in the Children's Court instead of the Local Court.

The name or other identifying information of a child involved in an AVO case can't be published.

Only the person who made the application can ask the Court for permission to withdraw it.

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

An application can be made to vary or revoke a Provisional, Interim or Final Apprehended Violence Order (AVO).

If the protected person is a child under 16 years old, an interested party can apply to vary or revoke the AVO with the leave (permission) of the Court. The Court will not grant leave if doing so would significantly increase the risk of harm to the child.

If the protected person is a child over 16 years old, an interested party can then apply to vary or revoke the AVO.

For more information, see Vary or revoke an AVO (protected person).

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

The Court can make an AVO:

• on its own motion, or
• after one of the parties applies for an AVO.

The Children’s Court can also vary (change) or revoke (cancel) an AVO. The Court can’t vary or revoke an AVO if the defendant is involved criminal proceedings that relate to the circumstances that lead the court make an AVO.   

The police and the Department of Communities and Justice (DCJ) must be notified before the Court varies or revokes an AVO in a care matter.

If you feel unsafe because of violence that is 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 or 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.