Getting an Apprehended Violence Order

The police can apply for an AVO on behalf of anyone.

There are two types of AVOs that the police can apply for:

• an Apprehended Domestic Violence Order (ADVO)
• an Apprehended Personal Violence Order (APVO).

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

You can apply for an AVO to protect you from another person if:

• you wish to represent yourself, or
• the police won’t apply for an AVO on your behalf.

To make a private application, you need to contact your nearest Local Court registry.

You will be responsible for running your case, including preparing your evidence and presenting your case at the hearing, if it goes to a hearing.

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

Only the police can apply for an AVO where the protected person is a child under 16. The police must apply for an AVO to protect a child in some circumstances.

A parent can apply for an AVO to protect themselves and their child, even if their child is under 16 years. They can also ask the police to apply for an AVO to protect themselves and their child.

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.

For more information, see AVOs to protect children.

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

A Property Recovery Order Orders 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 defendant to get the property.

For more information, see Property Recovery Orders (protected person).

After the Apprehended Violence Order (AVO) application is 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 an AVO
• how the defendant wants to respond to the application.

For more information, see Mention (protected person).

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:

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

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

If the police apply for an AVO to protect you, they will also prepare the evidence for your case, including taking statements from you, your witnesses, and getting any photos or other evidence.​

If you apply for an AVO yourself, you will need to prepare your case, including:

• preparing your statement
• getting the statements of your witnesses 
• gathering any photos or other evidence.

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

At the hearing date you and the defendant will usually give evidence in court. You or the defendant 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 AVO case (protected person).

After the Court has read all of the statements and heard all of the evidence, it will either:

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

If the Court dismisses the application, it won’t make an AVO.

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

For more information, see The decision (protected person).

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 you apply for an AVO and the Court dismissed your application, the defendant may ask the Court to you to pay their legal fees.

If the police apply for an order to protect you, a costs order can't be made against you because you are not the applicant.

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

If the Court makes an AVO for your protection, there may be consequences for both you and the defendant that you should be aware of.

It may affect your:

• your visa
• where you live
• your job. 

For more information, see Consequences for the PINOP.

While there is an AVO in place against the defendant they must comply with the orders in the AVO. If they don't, they may breach their AVO and be charged with a criminal offence.

If the defendant breaches their AVO, you should speak to the police.

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.

For more information, see Reporting a breach.

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

An AVO can be changed to: 

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

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

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

• appeal, or
• apply for an annulment.

If you don’t go to court and your application for an Apprehended Violence Order (AVO) is dismissed, you can apply to have the decision annulled (cancelled) within two years of the date that the order was made.

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

If a Final Apprehended Violence Order (AVO) is made, the defendant may appeal to the District Court within 28 days. You will be notified if the defendant appeals the Courts decision.

For more information, see Appeals and annulments (protected person).

An Apprehended Domestic Violence Orders (ADVOs) made after 25 November 2017 in recognised and enforceable in any Australian State or Territory.

An ADVO made before this date is recognised and enforceable in the State or Territory where it was made, and any State or Territory where it has been registered.

An Apprehended Personal Violence Order (APVO) is recognised and enforceable in the State or Territory where it was made, and any State or Territory where it has been registered.

For more information, see Interstate orders (protected person).

Information about the support available for victims of domestic and family violence. Legal Aid NSW helps adults and children experiencing domestic and family violence.

We provide free legal advice, duty services, and representation to people experiencing domestic and family violence. We also help at some courts and tribunals across NSW.

For more information, see Domestic and family violence.

If you are the victim of crime, you may be entitled to support under the Victims Support Scheme. The Scheme provides counselling, financial support, and a recognition payment to victims of a violent crime in NSW.

You may be able to get help even if no one was charged or convicted.

For more information, see Victims Support Scheme.