UNDERSTANDING ‘APPREHENDED VIOLENCE ORDERS’ (‘AVOs’) in NSW

on August 19, 2025

Apprehended Violence Orders (AVOs) are legal mechanisms in New South Wales (NSW) designed to protect individuals from violence, harassment, or intimidation. These orders are critical tools for ensuring safety in domestic and personal disputes, but they can also carry significant legal and personal consequences if breached. Understanding AVOs is essential for anyone involved in or affected by such orders, whether as an applicant seeking protection or a defendant facing restrictions. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, providing expert legal representation to guide clients through AVO matters and related charges. As leading Sydney criminal Defence lawyers and traffic law specialists, we are committed to protecting your rights and achieving the best possible outcome in NSW courts.

In this article, we explore everything you need to know about AVOs in NSW, including their types, application process, conditions, penalties for breaches, and available defences. Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.

For legal advice, contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.

What Are Apprehended Violence Orders (AVOs) in NSW?

An AVO is a court-issued order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) that imposes restrictions on a person (the defendant) to protect another person (the protected person) from violence, threats, harassment, or property damage. AVOs aim to prevent harm by setting conditions that limit the defendant’s behaviour, such as prohibiting contact or approaching the protected person.

There are two main types of AVOs in NSW:

  1. Apprehended Domestic Violence Order (ADVO): Applies to domestic relationships, such as partners, ex-partners, family members, or housemates.
  2. Apprehended Personal Violence Order (APVO): Applies to non-domestic relationships, such as neighbours, colleagues, or strangers.

To issue an AVO, the court must be satisfied that the protected person has reasonable grounds to fear violence, harassment, or intimidation, and that the order is necessary to ensure their safety. AVOs are commonly sought in cases of domestic violence, stalking, or ongoing disputes.

Key Elements of an AVO

The court considers the following when granting an AVO:

  1. Reasonable Fear: The protected person fears for their safety or that of others (e.g., children).
  2. Conduct: The defendant’s behaviour involves violence, threats, harassment, or property damage.
  3. Necessity: The AVO is needed to prevent further harm or escalation.

Examples of Situations Leading to AVOs

  • Domestic Violence: A partner threatens physical harm or engages in coercive control, prompting an ADVO.
  • Neighbour Disputes: Ongoing harassment between neighbours, such as verbal abuse or property damage, leading to an APVO.
  • Stalking: Repeated unwanted contact or following, causing fear for safety.
  • Workplace Conflicts: Threats or intimidation between colleagues, resulting in an APVO.
  • Family Disputes: Arguments between siblings or parents escalating to threats of violence.

These scenarios highlight the diverse contexts in which AVOs are applied, making legal guidance essential.

Related Offences

Breaching an AVO is a criminal offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007, often charged alongside:

  • Common Assault (section 61, Crimes Act 1900): Assault without injury, with up to 2 years imprisonment.
  • Stalking or Intimidation (section 13): Causing fear through persistent behaviour, with up to 5 years imprisonment.
  • Property Damage (section 195, Crimes Act 1900): Damaging property, with up to 5 years imprisonment.
  • Affray (section 93C): Public violence causing fear, with up to 10 years imprisonment.
  • Contravention of AVO with Intent to Cause Harm (section 14(3)): Breaching an AVO with intent to harm, with up to 7 years imprisonment.

Types of AVO Conditions

AVOs include mandatory and additional conditions tailored to the case. Under section 36 of the Crimes (Domestic and Personal Violence) Act 2007, mandatory conditions apply to every AVO:

  • The defendant must not assault, threaten, stalk, harass, or intimidate the protected person or anyone they have a domestic relationship with.
  • The defendant must not intentionally or recklessly damage the protected person’s property.

Additional Conditions

Courts may impose further conditions under section 35, such as:

  • No Contact: Prohibiting phone calls, texts, emails, or social media contact.
  • Proximity Restrictions: Banning the defendant from approaching within a certain distance of the protected person’s home, workplace, or school.
  • Residence Restrictions: Preventing the defendant from entering the protected person’s home, even if they co-own or lease it.
  • Weapons Restrictions: Prohibiting possession of firearms or other weapons.
  • Alcohol or Drug Restrictions: Barring contact while under the influence of alcohol or drugs.

Provisional, Interim, and Final AVOs

AVOs can be issued at different stages:

  • Provisional AVO: An urgent, temporary order issued by police or a court, valid until a hearing (section 26).
  • Interim AVO: A court-issued temporary order pending a final decision (section 24).
  • Final AVO: A permanent order, typically lasting 12 months to 2 years, unless varied or revoked (section 73).

Applying for an AVO

AVOs can be initiated in two ways:

  1. Police Application: Police apply for an AVO on behalf of the protected person, often after a domestic violence incident (section 27). This is common when immediate safety is a concern.
  2. Private Application: An individual applies directly to the Local Court for an APVO, typically in non-domestic disputes (section 28).

Application Process

  1. Filing: Submit an application to the Local Court or through police, detailing the reasons for seeking protection.
  2. Court Hearing: The court schedules a hearing to assess evidence, such as witness statements, police reports, or text messages.
  3. Evidence: The applicant must demonstrate reasonable fear and the necessity of the AVO.
  4. Defendant’s Response: The defendant can consent to the AVO without admitting guilt, oppose it, or negotiate conditions.
  5. Court Decision: The court grants, modifies, or dismisses the AVO based on evidence.

Penalties for Breaching an AVO

Breaching an AVO is a serious offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007, with penalties including:

  • Basic Breach:
    • Imprisonment: Up to 2 years.
    • Fine: Up to $5,500 (50 penalty units).
  • Breach with Intent to Cause Harm (section 14(3)):
    • Imprisonment: Up to 7 years.
    • Fine: Up to $5,500.
  • Local Court: Most breaches are handled summarily, with up to 2 years imprisonment and/or a $5,500 fine.
  • District Court: Aggravated breaches may escalate, carrying the full 7-year penalty.
  • Non-Conviction Outcomes: In minor cases, courts may impose a section 10(1)(a) dismissal or Conditional Release Order (CRO) under the Crimes (Sentencing Procedure) Act 1999, avoiding a conviction.

Additional Consequences

A breach conviction can lead to:

  • Criminal Record: Remains on your National Police Certificate for 10 years (or 3 years for juveniles) unless spent under the Criminal Records Act 1991.
  • Employment: A criminal record can hinder job prospects, particularly in roles requiring background checks.
  • Travel: Countries like the USA and Canada may deny entry for violence-related convictions.
  • Reputation: A conviction can damage personal and professional relationships, especially in domestic cases.
  • Further AVOs: A breach may lead to stricter conditions or a new AVO.
  • Civil Liability: Victims may seek compensation for emotional distress or property damage.

Sentencing Considerations

Under section 21A of the Crimes (Sentencing Procedure) Act 1999, courts consider:

  • Aggravating Factors: Causing actual harm, breaching during a domestic dispute, or repeated breaches.
  • Mitigating Factors: First-time offender, genuine remorse, or accidental breach (e.g., unintentional contact).

How a Sydney Criminal Lawyer Handles AVO Matters

A Sydney criminal defence lawyer employs various strategies to manage AVO cases, whether defending against an application, a breach, or seeking to vary an order. Below are the key approaches used by Nicopoulos Sabbagh Lawyers:

1. Defending Against an AVO Application

A lawyer can:

  • Challenge Evidence: Dispute the applicant’s claims of fear or necessity, using witness statements or communication records.
  • Negotiate Conditions: Propose less restrictive conditions to balance safety and fairness.
  • Dismissal: Argue that the AVO is unnecessary or lacks evidence (section 24).

2. Defending Against a Breach Charge

A lawyer will:

  • Analyse Evidence: Review police reports, CCTV, or messages to confirm the breach occurred.
  • Raise Defences:
    • Lack of Intent: The breach was unintentional (e.g., accidental contact).
    • Mistake of Fact: The defendant believed they were complying with conditions.
    • Duress: The defendant was coerced into breaching the AVO.
    • Mental Health: Seek a diversion under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
    • Unlawful Police Conduct: Exclude evidence obtained illegally (section 138, Evidence Act 1995).
  • Negotiate: Seek a downgrade to a lesser charge, like offensive conduct (section 4, Summary Offences Act 1988).

3. Varying or Revoking an AVO

A lawyer can apply to vary or revoke an AVO under section 73 if:

  • Circumstances have changed (e.g., reconciliation in a domestic relationship).
  • The AVO is overly restrictive or unnecessary.

4. Negotiating Plea Deals

A lawyer can negotiate with NSW Police Prosecutors or the Office of the Director of Public Prosecutions (ODPP) to:

  • Reduce Charges: Downgrade a breach to a lesser offence.
  • Amend Facts: Negotiate to amend the police fact sheet to remove aggravating factors.

A guilty plea can secure a sentencing discount of up to 25% under section 22 of the Crimes (Sentencing Procedure) Act 1999.

5. Securing Favourable Outcomes

A lawyer can advocate for:

  • Section 10(1)(a) Dismissal: No conviction or penalty.
  • Section 10(1)(b) CRO: No conviction, with good behaviour conditions.
  • Community Correction Order (CCO): Community service or supervision.
  • Mental Health Diversion: Treatment under section 14.

6. Presenting Mitigating Factors

A lawyer can present:

  • Character References: Letters attesting to your good character.
  • Remorse: Evidence of apologies or cooperation with police.
  • Rehabilitation: Completion of domestic violence or anger management programs.
  • Hardship: Impact of a conviction on employment or family.

7. Appealing an AVO or Breach Conviction

If an AVO or breach conviction is unfair, a lawyer can appeal to the District Court within 28 days under the Crimes (Appeal and Review) Act 2001 if:

  • The AVO conditions are too restrictive.
  • The sentence is unduly harsh.
  • New evidence supports your case.

A lawyer can also assist with a spent conviction under the Criminal Records Act 1991 after a crime-free period (10 years for adults, 3 years for juveniles).

The Court Process for AVO Matters

The court process typically involves:

  1. Application: Police or a private applicant file for an AVO in the Local Court.
  2. Provisional AVO: Police may issue an urgent order if immediate danger exists.
  3. Court Mention: The defendant responds (consent, oppose, or negotiate).
  4. Hearing: If opposed, a hearing assesses evidence to determine if the AVO is granted.
  5. Breach Investigation: Police investigate alleged breaches, collecting evidence like messages or CCTV.
  6. Arrest or Court Attendance Notice (CAN): For breaches, police may arrest under section 99 of LEPRA or issue a CAN.
  7. Bail Application: A lawyer applies for bail under the Bail Act 2013.
  8. Trial or Sentencing: A trial determines guilt for breaches; sentencing follows if guilty.
  9. Appeals: Appeal to the District Court if the outcome is unfair.

Steps to Take When Facing an AVO or Breach Charge

To protect your rights and improve your case outcome, follow these steps:

  1. Engage a Sydney Criminal Lawyer Immediately:
    1. Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499 for a free consultation to assess your case.
  2. Exercise Your Right to Silence:
    1. Avoid making statements to police without legal advice (section 89, Evidence Act 1995).
  3. Gather Evidence:
    1. Collect messages, witness statements, or other evidence to support your defence.
    1. Provide character references or proof of rehabilitation.
  4. Prepare for Court:
    1. Work with your lawyer to oppose an AVO, defend a breach, or negotiate conditions.
  5. Show Remorse:
    1. Consider apologies or rehabilitation programs to demonstrate reform.
  6. Appeal if Necessary:
    1. If an AVO or conviction is unfair, appeal to the District Court.

Why Choose Nicopoulos Sabbagh Lawyers?

At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we are dedicated to delivering exceptional representation for AVO matters, criminal, and traffic law cases in Sydney, NSW. Our team offers:

  • Specialised Expertise: In-depth knowledge of the Crimes (Domestic and Personal Violence) Act 2007, Crimes Act 1900, and Crimes (Sentencing Procedure) Act 1999.
  • Proven Results: Securing AVO dismissals, section 10 dismissals, and charge reductions across Sydney courts, including Parramatta, Liverpool, and Campbelltown.
  • Court Navigation: Expertise in managing cases amidst disruptions, such as the Downing Centre Local Court closure until late 2025.
  • Ethical Representation: Adhering to the Legal Profession Uniform Law (NSW) and Solicitors’ Conduct Rules for transparent, reliable advice.
  • Accessible Support: Contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au for a free consultation.

Don’t let an AVO or breach charge disrupt your life. Our Sydney criminal lawyers and traffic law specialists will fight tirelessly to protect your rights and achieve the best possible outcome.

Conclusion

Apprehended Violence Orders (AVOs) in NSW are vital for protecting individuals from violence, harassment, or intimidation, but they carry serious consequences if breached, including up to 7 years imprisonment. A Sydney criminal defence lawyer can assist by challenging AVO applications, defending breach charges, negotiating conditions, or securing non-conviction outcomes like section 10 dismissals or CROs. At Nicopoulos Sabbagh Lawyers, we leverage our expertise to deliver tailored strategies, ensuring your rights, record, and future are safeguarded. Whether facing an ADVO, APVO, or breach charge, our team is here to guide you through the legal process.

Take control of your case today. Contact Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au to schedule a free consultation. Let us help you navigate your AVO matter and achieve the best possible result in NSW courts.

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*This article correctly reflects the Laws of NSW as of 18th August 2025.

*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship

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