The decision (protected person)

The Court will make a Final ADVO if it is satisfied on the balance of probabilities (meaning something is more likely than not to be true), that you fear, and that it is reasonable for you to fear, the defendant will:

• commit a domestic violence offence against you
• intimidate you or a person with whom you have a domestic relationship, or
• stalk you.

When deciding whether you fear the defendant, the Court can consider any actions the defendant may have taken towards someone you are in a domestic relationship with. 

You don’t have to suffer actual violence to get an AVO.  

The Court can make an AVO even if you don’t actually fear the defendant, if you:

• are a child
• are a person of appreciably below average intelligence functioning
• have reasonable grounds to fear a domestic violence offence
• have been the victim of a personal violence offence committed by the defendant on more than one occasion, there is a reasonable likelihood that the defendant will commit a further personal violence offence against you, and the AVO is necessary to protect you.

An ADVO that is made in these circumstances can only contain the mandatory orders. For more information, see Types of AVOs.

The Court will make a Final APVO if it is satisfied on the balance of probabilities (meaning something is more likely than not to be true), that you fear, and that it is reasonable for you to fear, the defendant will:

• commit a personal violence offence against you
• intimidate you, or
• stalk you.

When deciding whether you fear the defendant, the Court can consider any actions the defendant may have taken towards someone you are in a domestic relationship with. 

The Court can make a Final ADVO, even if you don’t fear the defendant, if you are:

• a child
• a person of appreciably below average intelligence functioning.

The application is dismissed

If you don't prove to the Court that an AVO should be made, it will dismiss your application for an AVO. 

If the Court dismisses your application, any Provisional or Interim AVO made for your protection will also end.

Costs

If your application is dismissed, the defendant might ask the Court to may make a costs order against you.

For more information, see Costs in AVO cases. ​

What orders will a court make

If the Court decided to make an AVO against the defendant, it will want to hear from you and the defendant about whether it should make any additional orders. 

You should only ask for orders that you think you need, and not orders that inconvenience the defendant just for the sake of it.

When making an AVO, the Court must only include the orders that are necessary for the safety and protection of:

• yourself and your property, and 
• any child directly or indirectly affected by the defendant’s behaviour. 

The orders should be clear and not conflict with each other. 

If the Court makes an AVO even though you don’t fear the defendant, it can only include the mandatory orders. It can’t include any additional orders. 

For more information, see Types of AVO.

Sample: Sample Final Apprehended Domestic Violence Order PINOP

Sample: Sample Final Apprehended Personal Violence Order PINOP  

Duration of Apprehended Personal Violence Orders

The duration of a final APVO is the length of time specified by the Court. 

If the Court fails to specify a time, the AVO will last for 12 months from the date it was made. 

Duration of Apprehended Domestic Violence Order made before 28 March 2020

The duration of a final ADVO is the length of time specified by the Court. 

If the Court failed to specify a time, the AVO will last for 12 months from the date it was made. 

Duration of Apprehended Domestic Violence Orders made after 28 March 2020

The duration of the final ADVO is:

• the period specified in the order, or
• two years, if the Court didn’t specify a length of time. 

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 serious offence may include:

• attempted murder
• a domestic violence offence or an attempted domestic violence offence
• stalking or intimidation with the intention of causing the victim to fear physical or mental harm
• wounding or grievous bodily harm 
• sexual assault or attempted sexual assault
• sexual touching.

Indefinite Apprehended Domestic Violence Orders

From 28 March 2020, a court can make a final ADVO for an indefinite period of time.  

Before a court can make an ADVO for an indefinite period of time it must be satisfied that:

• you (or the police) have asked for an indefinite ADVO
• the defendant was 18 years or old when the application for the ADVO was made
• there is a significant and ongoing risk of death or serious physical or psychological harm to you or any of your dependents
• this risk cannot be reduced by an AVO in force for a limited time. 

When deciding whether there is a significant and ongoing risk of death or serious injury to the protected person the Court must consider:

• any prior convictions the defendant has for domestic violence offences, including breaching an AVO
• the defendant's actions leading to the risk of death or serious physical or psychological harm

the nature, number and timing of the defendant’s actions. 

An ADVO cannot be made against the defendant for an indefinite period of time if they were under 18 years of age when the application was made.

A Final AVO comes into effect: 

• when the Court makes the AVO – if the defendant goes to court
• when the defendant is served with a copy of the AVO – if they don’t go to court. 

If a Final AVO is made and you need to collect your belongings from the defendant you can ask the Court to make a Property Recovery Order. The Court may order that the police or another person must go with you.

For more information, see Property Recovery Orders. 

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.

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 a Final AVO is made, it can be:

• varied (changed), or
• revoked (cancelled). 

An AVO can varied (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.

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

If the decision is cancelled the Court will re-hear the application for an AVO. You should be prepared to present your case for an AVO.

If the defendant didn't attend court, and an AVO was made against them, they can apply to annul the AVO. 

If the defendant applies to annul the AVO, you will be notified by the Court. 

For more information, see Appeals and annulments.

If you are unhappy with the decision of the Local Court, you may be able to appeal to the District Court within 28 days.

You may be able to appeal if the Court:

• dismisses your application
• makes a costs order against you
• makes an AVO but doesn’t include all of the orders that you or the police asked for in the application.

If a Final AVO is made, the defendant may appeal the Courts decision. You will be notified if the defendant appeals.

For more information, see Appeals and annulments.