Defending an AVO

If you are the defendant in an AVO, you must be served personally with the AVO application. You must be told that an application has been filed against you and that you have to go to court. 

There are rules for how different documents must be served in AVO matters. 

For more information, see Service of documents (defendant).

If you have been served with an application for an Apprehended Violence Order (AVO), you can:

• ask for an adjournment to get legal advice
  
• give the Court an undertaking
  
• consent (agree) to the AVO (with or without admissions)
  
• make a cross application
  
• oppose the application
  
• ask for a Property Recovery Order
  
• do nothing. 
  

For more information, see Responding to an AVO application (defendant).

If you have left personal property with the protected person, or the protected person has left personal property with you, the Court can make a Property Recovery Order.

A Property Recovery Order sets out how goods should be returned. An order may be made about goods like clothes, personal papers and children's toys.

In most cases a police officer or officers will come with either you or the protected person to get the property.​

For more information, see Property Recovery Orders (defendant).

A cross application is where the defendant applies for an AVO against the protected person.

If you make a cross application, the Local Court is required to consider it.

Your application will be treated like a normal application for an AVO. You will have to prove that:

• you fear the other party, and
  
• it is reasonable to have that fear.
  

For more information, see Cross-applications (defendant).

If the police have applied for an AVO against you, they may have also charged you with a criminal offence.

After you are charged, the police release you without bail, release you on bail, or refuse you bail. If you are bail refused, you need to go to court to apply for bail.

You will have to go to court to respond to the charges and the AVO application.

For more information, see Charges and AVOs. 

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

You will be called the 'defendant'. 

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. 
  

For more information, see AVOs against children.

After the AVO application has been filed with the Court, your case will be listed for mention. 

The mention is the first date an application for an AVO is heard in court. 

The Court will want to know:

• if the applicant still wants the AVO
  
• how you want to respond to the application. 
  

For more information, see Mention (defendant).

It is important you are prepared for your hearing so you can present your case and answer the Court’s questions. 

 To prepare, you should:

• get legal advice about how to best present your case
  
• get all of your evidence ready to present at the hearing
  
• issue any subpoenas
  
• plan what you want to say in your submission
  
• organise your documents and evidence.
  

If you need an interpreter or other support from the Court, you should notify the Court at least two weeks before the hearing.

For more information, see Step by step guide – Preparing for the hearing (defendant).

If you don't agree to an Apprehended Violence Order (AVO), the Court will make directions (orders) for statements to be filed and served to prepare for the hearing.

If you are representing yourself, you will need to prepare your written statements and gather any other evidence that supports your case.

There may be different types of evidence you can use to defend yourself depending on what facts are in the AVO application.

For more information, see Written statements and evidence (defendant). 

At the hearing date you and the applicant will usually give evidence in court. You or the applicant might call other witnesses. You should prepare to give evidence and also prepare questions to ask other witnesses.

For more information, see Step by step guide – Presenting your case (defendant).

After reading all statements and hearing all the evidence, the Court will either:

• make a Final AVO, or
  
• dismiss the application.
  

If the Court dismisses the application, your case is finished. 

If the Court makes a Final AVO against you, you must follow the orders in the AVO while it is in force. If you don’t, you may be charged with a criminal offence.

For more information, see The decision (defendant).

The Court can make an order that one party pay the legal costs of the other party in an AVO case.

Legal costs include lawyer's fees and expenses such as conduct money for witnesses. Legal costs do not include lost wages.

If the Court dismisses the application, you can ask the Court to make an order that the protected person or the police pay your legal costs.

For more information, see Costs in AVO cases (defendant).

If an AVO is made against you, it won’t appear in your criminal record or criminal history, but it can have some consequences:

• 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
• if a child is named as a protected person in an AVO, the AVO will appear in a Working with Children Check
  
• if you have a firearms licence, your licence will be cancelled
  
• if you have a class 1F or P1F security licence, you may not be able to work under that licence because your firearms licence will be cancelled.
  
• if you live with the protected person, an AVO may affect where you can live.
  
• an AVO may also affect your parenting arrangements
  
• an AVO may affect your visa.
  

For more information about the consequences of an AVO for you, see Consequences for the defendant.

If an AVO has been made against you, you must follow the orders in the AVO. 

If you don't, you may breach the AVO, and the police may charge you with a criminal offence. 

The police can enforce an Apprehended Domestic Violence Order (ADVO) made in NSW and any other Australian state or territory, and a registered foreign order.

The maximum penalty for breaching an AVO is a $5,500 fine, or two years imprisonment, or both. 

For more information, see Breaching your AVO.

After an AVO is made, it can be varied (changed) or revoked (cancelled).

An AVO can be varied to:

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

The Local Court of NSW can vary or revoke an Apprehended Domestic Violence Order (ADVO) made in another state or territory, and a registered Apprehended Personal Violence Order (APVO).

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

If you are unhappy with the decision of the Local Court, you may be able to:

• appeal, or 
  
• apply for an annulment.
  

If you didn’t attend court and a Final Apprehended Violence Order (AVO) was made against you, you can apply to have it annulled (cancelled) within two years of the date that the order was made.​

If you were in court when the AVO was made, you may be able to appeal to the District Court within 28 days.

If the applicant or protected person is unhappy with the Court’s decision, they may appeal or apply for an annulment. You will be notified if this happens.

For more information, see Appeals and annulments (defendant).

An Apprehended Domestic Violence Order (ADVO) made outside of New South Wales (NSW) is called an:

• Interstate Domestic Violence Order 
  
• Non-Local Domestic Violence Order 
  
• Intervention Order
  
• Family Violence Order
  
• Family Violence Intervention Order
  
• Violence Restraining Order.  
  

An Interstate Domestic Violence Order (DVO) made on or after 25 November 2017 is automatically recognised and enforceable in any Australian state or territory. 

A registered foreign order will automatically be recognised in other Australian states and territories.

If the DVO is varied (changed) or revoked (cancelled) in any state or territory, it will automatically replace the original order. 

For more information, see Interstate orders (defendant).