How Long Does an AVO Last in NSW?

Most AVOs in New South Wales run for two years. That is the default period for an apprehended domestic violence order made against an adult, and it is the term magistrates set most often. The court decides the length though, and it can be shorter, longer, or in a small number of cases indefinite.

The rules are in the Crimes (Domestic and Personal Violence) Act 2007 (NSW), and they are not the same for every type of order.

The default period for an ADVO

An apprehended domestic violence order stays in force for the period the court writes on the order: s 79A(1)(a). If the magistrate does not specify a period, s 79A(6) fills the gap:

two years, if the defendant was 18 or older when the application was first made
one year, if the defendant was under 18 at that time

In practice a period is nearly always specified, so the default operates as a safety net rather than the usual outcome. Two years is the common figure. Orders of three, five or ten years are made where the court sees a continuing risk.

APVOs work differently

An apprehended personal violence order protects someone who is not in a domestic relationship with you: a neighbour, a co-worker, someone you know socially. Under s 79(1) it runs for the period the court specifies, and if the court does not specify one, s 79(3) sets the fallback at 12 months rather than two years.

How the court decides on the length

Section 79A(2) requires the period to be as long as is necessary, in the opinion of the court, to ensure the safety and protection of the protected person. Section 79A(3) then sets out what the magistrate must weigh up:

the protected person’s circumstances and their own views
the defendant’s circumstances, including the impact of a longer order if the defendant was under 18 when the application was first made
the material the court relied on in deciding to make the order in the first place
anything else the court considers relevant

That is why two orders arising from similar incidents can carry very different terms. Prior history matters. So does whether the parties still have to see each other, whether children are involved, and what the protected person says they need.

Indefinite AVOs

A court can make an ADVO with no end date under s 79B, but the threshold is high and these orders are rare. The court has to be satisfied of all four of the following:

the applicant asked for an indefinite order
the defendant was 18 or older when the application was first made
there are circumstances giving rise to a significant and ongoing risk of death or serious physical or psychological harm to the protected person or their dependants
that risk cannot be adequately mitigated by an order of limited duration

When assessing risk, s 79B(2) points the court to prior convictions for domestic violence offences, including breaches of earlier ADVOs, and to conduct such as assaults, stalking, threats to kill and the use of weapons.

An indefinite order runs until it is varied, revoked or set aside on appeal: s 79B(3). You cannot simply apply to have it removed. You need the court’s leave first, and leave is only granted where there has been a significant change in circumstances since the order was made or last varied, or where it is otherwise in the interests of justice: s 79B(4) and (5).

How long do interim and provisional orders last?

Provisional orders made by police

Police can get a provisional order from a senior officer, often at the scene or in the hours afterwards. It takes effect once served and comes with a court date. Section 29(3) requires that date to be the next available domestic violence list, and in any case no more than 28 days after the order was made.

Interim court orders

An interim AVO made by a court under s 22 has the same effect as a final order while it is running, but it has no fixed term. It stays in force until a final order is made or served, the application is withdrawn or dismissed, or the court revokes it. If the related criminal charges take eight months to finalise, the interim order runs for eight months.Where someone is charged with a serious offence as defined in s 40(5), which captures most domestic violence offences, the court must make an interim order unless satisfied one is not required: s 40(1).

Orders made when someone is sentenced to gaol

If an adult is sentenced to full time imprisonment for a relevant offence, s 39 requires the ADVO to run for the term of imprisonment plus a further two years, unless the court has good reason to fix a different period. Term of imprisonment here means the whole sentence, non parole period and balance of term together. A two year sentence can therefore produce an order that does not expire for four years.

Can an AVO be extended?

Yes. Section 73 allows a court to vary an AVO, and extending or reducing the period it runs for is expressly one of the permitted variations: s 73(2)(a). The protected person or the police can apply before the order expires.

Two mechanics matter here. If an extension application is lodged before the expiry date, the order is taken to continue in force until the court deals with the application: s 73(8). The court can also extend an order without the application having been served on the defendant, and an extension made that way lasts 21 days unless the court specifies an earlier date, though further orders can be made: s 73(7) and (9).

How long will your order run?

Can you get an AVO shortened or removed early?

You can apply under s 73 to vary or revoke a final AVO or an interim order. Notice of the application has to be served on every protected person named in it: s 73(4). The court can also decline to hear the application if it is satisfied that nothing has changed since the order was made and the application is really an appeal in disguise: s 73(3).

These applications are harder than most people expect. Courts want to see something concrete: completed counselling or a behaviour change program, a change in living arrangements, a stretch of time without incident, or the protected person’s own support for the change. Turning up with no material and asking for the order to be cut short is usually a wasted trip.

Breaching the order while it is still running

Section 14(1) makes it an offence to knowingly contravene a prohibition or restriction in an AVO. The maximum penalty is two years imprisonment, 50 penalty units, or both. If the act constituting the breach was an act of violence against a person, s 14(4) says the court must impose a term of imprisonment unless it orders otherwise, and s 14(6) requires the court to give reasons if it does not.

You can only be convicted of a breach if you were served with a copy of the order or were present in court when it was made: s 14(2). This is worth checking, because service problems do happen.

Frequently asked questions

Does an AVO give you a criminal record?

No. An AVO is a civil order, not a conviction, and by itself it does not create a criminal record. A conviction for breaching one does. An AVO can still affect a working with children check, a firearms licence and some employment, so it is not a nothing.

Does the order end if we get back together?

No. Only the court can vary or revoke an AVO. Contact that the protected person invites is still a breach if the order prohibits it, and the defendant is the one who gets charged.

Does consenting without admissions make the order shorter?

Not automatically. The same duration rules apply. What consenting does give you is the chance to negotiate the term and the conditions with the police prosecutor before the order goes to the bench, which is one of the practical reasons to get advice before the first mention rather than after.

What happens on the day an AVO expires?

It simply ends and the conditions stop applying. Nothing needs to be filed and there is no renewal, unless someone applied to extend it before the expiry date.

Get advice on your order

The length of an AVO is often negotiable at the first mention, and it is much harder to change afterwards. If you have been served with an application, or you want to know whether an existing order can be varied or revoked, call Blackridge Law on 02 9159 9010 and we will tell you where you stand.

This article is general information about the law in New South Wales and is not legal advice for your situation. Speak to a lawyer about your own matter.

How Long Does an AVO Last in NSW?

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