• An AVO or Apprehended Violence Order is an order by a NSW court which:

1. places restrictions on a person who has been violent or abusive and
2. can be tailored to meet the individual circumstances of each matter.

• An AVO orders the named person not to do certain things. It does not order the person who has been violent or abusive to do something such as attend counselling or an anger management course.
• There are two types of AVO in NSW.

1. ADVO: Apprehended domestic violence orders are available to protect you against harassment, intimidation or violence by someone who is in a domestic relationship with you such as a partner, a relative or someone you live with.
2. APVO: Apprehended personal violence orders are available to protect you against harassment, intimidation or violence by someone who is not in a domestic relationship with you such as a colleague or a neighbour.

• All Australian states and territories have their own versions of Apprehended Violence Orders. They have different names and may have different application requirements. 

• Every AVO has mandatory conditions that say the named person must not behave in certain ways towards the protected person. This includes behaviour that is:
• assaulting;
• molesting; 
• threatening;
• harassing; 
• intimidating; or 
• stalking.
• These conditions apply in respect of the protected person and anyone they are in a domestic relationship with such as children or new partners.
• In addition to these mandatory conditions the magistrate can impose further conditions depending on the individual circumstances of the matter.
• The types of conditions included could require the named person not to:
• go within a certain distance of the home or workplace of the protected person;
• live at a particular place; 
• carry or possess any firearms; or
• contact the protected person:
• by telephone;
• by SMS;
• by email; or 
• in person.
• An AVO can also include a condition that one of the parties collect their personal property from a specified location. It can include a direction that the police or another person go along with the party to collect the property.

• If the court makes an AVO it will affect your firearms licence and may affect your security licence.
• You will be required to immediately surrender all firearms in your possession.
• In some instances the police may require you to hand in firearms if you are issued with a provisional or interim (temporary) AVO.
• Firearms licences are automatically suspended should a provisional or interim AVO application be made.
• Firearms licences are automatically cancelled if a final AVO order is made.
• You will only be able to apply for a firearms licence 10 years after the date of the final AVO order. You will then need to show that you are a fit and proper person to have a firearms licence.
• You can apply to have your firearms licence returned prior to the 10 year period if the court has revoked the AVO order.
• An AVO may affect your ability to work if your employment requires you to have a security licence.
• If you have a licence that allows you to carry a firearm you may not be allowed to work under that licence because your firearms licence will have been suspended or cancelled.
• A security licence may also be cancelled or an application for a security licence rejected if an AVO is made against you and the Police Commissioner believes that you are not a fit and proper person to hold a security licence.
• An AVO may also affect your ability to keep employment where you work with children. 

• No. When a person is named in an AVO they have not been charged with a criminal offence and it does not result in a criminal record. 
• If the named person breaches or disobeys the AVO that may lead to a criminal charges being laid.

• When an AVO is made you are not given a criminal record.
• A criminal record check will not bring up an AVO.

• The mandatory (standard) conditions included in an AVO automatically cover you as the protected person. 
• The court can and usually will extend this protection to include any person who is in a domestic relationship with you.
• Domestic relationship has a very broad meaning and includes: 
• marriage, de facto and intimate (close personal) relationships;
• anybody who lives or has lived in the same household with you;
• anybody who has a relationship of dependence with you. This means anybody who depends on your care or whose care you depend on;
• your relatives by blood or marriage; and
• anybody who is your kin according to the Indigenous kinship system.
• Apprehended domestic violence orders must specifically protect any child who is in a domestic relationship with you unless the court thinks there are good reasons for this not being done.
• The court must tell you what those reasons are.
• The court can make an AVO allowing contact under a Parenting Order to continue between the children and the named person.
• If the court feels that the children’s safety is threatened it has the power to amend the Parenting Order as well as preventing contact through the AVO.

• Only the police can make a separate application to obtain an AVO for children aged under 16 years.
• Children aged 16 years or older are allowed to make their own application for an AVO.
• Where an application for an AVO involves children the laws require the court to be closed to the public unless the court says otherwise.
• A child will not be required to give evidence unless the court believes it is in the interests of justice for them to do so.

• An AVO stays in place for the period set by the court. 
• AVOs are generally made for 6 months, one or two years but could be made for more or less time depending on the circumstances.

Question

My ex-girlfriend got an AVO against me even though the relationship is over. I can’t go near her workplace but she works at my local shops. It’s not fair that I have to inconvenience myself to go to another shopping centre just to buy milk. I’m considering ignoring the order and just going back to my local shops. What will happen if I do?

Answer

• Breaching an AVO is a criminal offence. 
• It doesn’t matter whether you find the conditions of the order inconvenient.
• If you breach the order the police may charge you and you will need to go to court. 
• If you are found guilty a criminal conviction will be recorded against you.

Question

I was in a relationship however my ex-partner has a serious problem with alcohol. When he drank he became extremely violent and abusive. I’ve left him but he can’t accept it is over. He’s been stalking me and sending aggressive texts. I want to apply for an AVO but I’m worried about the process and what might happen to him. I’m still very emotional about the break-down of our relationship. Is there anyone I can speak to about my concerns?

Answer

• All states have family or domestic violence assistance programs to assist victims of domestic and family violence:
• In NSW there is the Women’s Domestic Violence Court Advocacy Program: http://www.legalaid.nsw.gov.au/what-we-do/community-partnerships/womens-domestic-violence-court-advocacy-program.
• In Queensland there is the Women’s Domestic Violence Court Assistance Service: http://www.legalaid.qld.gov.au/Find-legal-information/Factsheets-and-guides/Brochures/Womens-Domestic-Violence-Court-Assistance-service-and-application-assistance-program.
• In Victoria there is Victoria Legal Aid: http://www.legalaid.vic.gov.au/find-legal-answers/family-violence-intervention-orders/get-help.
• In South Australia there is the Coalition of Women’s Domestic Violence Services of South Australia: http://www.legalaid.vic.gov.au/find-legal-answers/family-violence-intervention-orders/get-help.
• In Western Australia there is Legal Aid WA: https://www.legalaid.wa.gov.au/find-legal-answers/family/family-violence-and-your-safety/get-help-family-violence-and-your-safety.
• In Tasmania there is the Family Violence Counselling and Support Service: http://www.dhhs.tas.gov.au/service_information/services_files/family_violence_counselling_and_support_service.
• In the Northern Territory there is the Domestic Violence Legal Service: http://www.dvls.nt.gov.au.
• In the ACT there is the Legal Aid ACT Domestic Violence Protection Unit Scheme: http://www.legalaidact.org.au.
• Nationally there is the National Sexual Assault, Domestic and Family Violence Counselling Service: https://www.1800respect.org.au.

Question

I’ve applied for an AVO against my ex. We have a court date coming up in a few weeks. I’ve heard through friends that he intends to bring his family along to court to intimidate me. They are very loud and aggressive and I’m scared. What can I do?

Answer

• Many courts have a ‘safe’ room. These are rooms for victims and protected persons only. Other members of the public are not allowed in.
• You can speak to a court support worker in the safe room. They can accompany you to court and sit in court with you to support you.
• If the court you are attending does not have a safe room and you are concerned for your safety you should advise the registrar who can make arrangements for you so that you feel safe.

Question

The police have been called to my house on a number of occasions because of domestic disputes. My de facto has a history of violent behaviour and lately has been taking it out on me. The last time the police came they said they wanted to apply for an AVO for me. I’m worried about my children because he is their dad. He says he wants to get help and do an anger management course. I don’t want him to leave the house. I just want the violence to stop. 

Answer

•  An AVO does not mean that the named person has to leave the home.
• The parties can decide to stay together and live in the same home.
• The orders of the AVO are still the same and the named person must abide by them at all times.

Question

I split up with my husband last year and he didn’t take it well. He started stalking me and hanging around my house so I got an AVO. I’ve moved on and am in a new relationship. The order is about to expire and I’m afraid the stalking behaviour will continue once it finishes. Can I get new one?

Answer

• If a protected person still has fears for their safety when the AVO period is nearly finished, they can apply for an extension of the AVO.
• You must apply for an extension before the AVO expires.
• You should obtain legal advice about an extension approximately 6 to 8 weeks before the AVO expires.
• If the AVO expires and you have not applied for an extension you will need to apply for a new AVO.

Question

My boyfriend and I have had a rocky relationship but we’re thinking about getting back together. About 6 months ago the police got an AVO for me because of his violent behaviour. He says he’s changed and I want to make a go of it. Can the AVO be withdrawn?

Answer

•  An application can be made at any time during the AVO period for it to be changed or revoked (withdrawn).
• Either the protected person or the named person can make an application to the court.
• The court may vary or revoke the order if it is satisfied that it is proper in all the circumstances for it to do so.
• An AVO cannot be changed or revoked unless notice of the application to change has been served on the other party.
• A court can refuse to hear an application to vary an AVO if it is satisfied that the circumstances have not changed.

Question

My ex-husband was extremely violent and emotionally abusive while we were married. After I left him I applied for an AVO and the court made the order for 2 years. I have family interstate and want to make a new life for myself. I’m afraid that if he finds out I’ve moved he will follow me and make trouble. Can my AVO be transferred?

Answer

•  An AVO cannot be transferred but it can be registered in another state.
• Once registered in the state it will come into effect upon being able to show that the order has been served on the named person.
• If you are unsure whether an AVO that has been made in one state or territory has been registered with another state or territory you should contact the court in that state or territory.