Apprehended Violence Orders (AVOs) | Sydney Lawyers

Served with an AVO or worried one is coming? An AVO can affect your home, parenting, work, travel and firearms. It isn’t a criminal conviction, but breaching it is a crime. Get advice early—your first court date sets the tone for everything that follows.

What to do next

Read

Every condition and follow them exactly.

Save

Evidence (messages, call logs, CCTV/BWV, witnesses).

Get advice

Before contacting the PINOP or attending places restricted by the order.

Decide

Whether to consent (without admissions), negotiate terms, or oppose and set it for hearing.

Why choose YDA

Focused, fast, forensic. We:

Pressure-test fear and reasonableness;

Negotiate workable conditions (so you can keep your job and see your kids);

Prepare evidence-led hearings where the order isn’t justified; and

Keep you compliant to avoid breach charges while the case runs.

FAQ's

What is an Apprehended Domestic Violence Order (ADVO)?

An ADVO is a court order that sets rules to protect someone you’re in a domestic relationship with (current/former partner, household member, relative, certain carers). It’s designed to prevent violence, threats, stalking, intimidation or property damage. It’s not a criminal conviction—but breaching it is a criminal offence.

Who is a PINOP (and who is the respondent)?

The protected person is the PINOP (Person In Need Of Protection). The person the order is made against is the respondent.

What is a “lapsing interim AVO”?

With agreement, the court can make a lapsing interim AVO for a short period. If there’s no breach, the court may later dismiss the case without ever making a final order. NSW courts use this option under the Specialist Family Violence List practice note (updated 6 May 2024).

How can I revoke a final AVO?

Either the PINOP or the respondent can apply to revoke (cancel) a final AVO. You’ll need to show a material change in circumstances since the order was made. If a child is protected, the court must be satisfied there’s a change in circumstances or that revocation is in the interests of justice.

Can only police file an AVO?

No. If police decline to apply and you still need protection, you can file a private AVO application yourself in the Local Court (common with APVOs).

What is a Provisional or Interim AVO?

A Provisional (urgent) or Interim AVO is a temporary order that stays in place until the case is resolved—withdrawn and dismissed, consented to, or made final after a hearing.

Can I vary an interim or final AVO?

Respondents can apply to vary at any time. PINOPs sometimes face restrictions on varying. Even if the PINOP agrees with your proposed change, police can still oppose it. In that case, the court will list a short hearing so you can file material and persuade the magistrate to adjust conditions (for example, to return home or permit contact for childcare).

How is an AVO applied for?

Police can apply for an AVO on its own or alongside domestic-violence charges. If it’s linked to a charge, the order usually runs interim until the criminal case finishes. If you plead guilty to a DV offence, the court will generally make a final AVO—but the length and conditions can be negotiated. Police can also bring an AVO without any charge.

Is an AVO a criminal offence?

No. An AVO is a civil order dealt with in the criminal courts. It doesn’t create a criminal record by itself—but contravening an AVO is a separate criminal offence.

What if I don’t agree with the AVO?

You can oppose it. The court will set a timetable for each side to file statements and list the matter for a hearing. While you wait, the AVO usually stays interim and you must comply with it.

What is an Apprehended Personal Violence Order (APVO)?

An APVO applies where there’s no domestic relationship (for example, neighbours or co-workers). Courts will generally refer parties to mediation first, unless there’s a good reason not to.

What must the court be satisfied of (to make a final AVO)?

The test is civil (the balance of probabilities, not beyond reasonable doubt). The court typically needs:

Reasonable grounds to fear, and
That the PINOP actually fears a domestic-violence offence or stalking/intimidation.

The magistrate decides this based on the application and the evidence from both sides.

What happens if I consent to an AVO?

You can consent without admissions—meaning you don’t accept the allegations but agree to follow conditions. This can often finalise the matter on the first court date. AVOs are commonly two years, but duration and conditions can be negotiated.

What’s an ADVO vs APVO?

ADVO: domestic relationship.

APVO: no domestic relationship (e.g., neighbours/co-workers). Breach of an AVO is a crime with max 2 years.

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