AVO Lawyers Sydney

AVO Lawyers Sydney

An Apprehended Violence Order (AVO) is a court order designed to protect a person from violence, harassment, intimidation, or stalking. Being served with an AVO does not mean you have been charged with a criminal offence — AVO proceedings are civil, not criminal. However, breaching an AVO is a criminal offence carrying up to 5 years’ imprisonment for persistent breaches.

AVOs can be taken out by police, a former partner, a neighbour, a colleague, or any person who fears for their safety. Whether you are opposing an AVO, considering consenting to one, or defending a breach charge, expert legal advice is essential.

Contact Blackridge Law on 02 9159 9010 for a free consultation.

Types of AVOs

Apprehended Domestic Violence Order (ADVO)

An ADVO protects a person who has a domestic relationship with the defendant, as defined under section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). This includes current or former partners, family members, household members, and people in an intimate relationship. In most cases, police apply for the ADVO on behalf of the protected person.

Apprehended Personal Violence Order (APVO)

An APVO protects a person who does not have a domestic relationship with the defendant. Common examples include neighbour disputes, workplace conflicts, disputes between acquaintances, and harassment by strangers. Unlike ADVOs, APVOs are usually applied for privately by the person seeking protection (not by police).

What Conditions Can an AVO Include?

Every AVO includes mandatory conditions (section 36) prohibiting the defendant from assaulting, threatening, harassing, or intimidating the protected person, stalking the protected person, and destroying or damaging their property. The court may also add conditions restricting you from approaching the protected person’s home, workplace, or school, prohibiting any contact or communication (directly or through third parties), restricting contact after consuming alcohol or drugs, and excluding you from specific locations.

Your Options When Served with an AVO

Consent without admissions: You agree to the order being made without admitting the allegations. No criminal record results. This is the most common outcome and is often the most practical option where the conditions are workable.

Oppose the AVO: You contest the application. The matter will proceed to a hearing where both parties present evidence and the court decides whether to make the order. You should oppose the AVO if the allegations are false, the conditions are unreasonable, or the order would have serious consequences for your life.

Cross-application: You apply for your own AVO against the other party. This may be appropriate where both parties have engaged in conduct giving rise to safety concerns.

Negotiate conditions: Even if you consent to the AVO, you can negotiate the specific conditions to ensure they are practical and workable for your circumstances.

Opposing an AVO — What the Court Considers

For an ADVO, the court must be satisfied on the balance of probabilities (more likely than not) that the protected person has reasonable grounds to fear the defendant may commit a domestic violence offence or engage in intimidating or stalking conduct (section 16). For an APVO, the test is similar under section 19. The balance of probabilities is a lower standard than the criminal standard of “beyond reasonable doubt.”

Contravening (Breaching) an AVO