Family Law and Divorce

If you have been served with an Apprehended Violence Order, or you are considering applying for one, the terminology can quickly become confusing. AVO. ADVO. APVO. Interim. Final. Provisional. These terms are used interchangeably in everyday conversation, but they mean different things in law, and the difference matters.

This article explains each order type, how they relate to each other, and what you should know if you are involved in AVO proceedings in New South Wales.

What Is an AVO?

An Apprehended Violence Order (AVO) is a court order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Its purpose is to protect a person, known as the protected person or PINOP (Person In Need of Protection), from violence, harassment, intimidation, or stalking by another person (the defendant).

AVO is the umbrella term. Every ADVO and every APVO is an AVO. The distinction comes down to one question: what is the relationship between the protected person and the defendant?

ADVO vs APVO: The Core Distinction

ADVO – Apprehended Domestic Violence Order

An ADVO applies where the parties are, or have been, in a domestic relationship. Under the Act, this is defined broadly and includes:

• current or former spouses and de facto partners
• people who are, or have been, in an intimate personal relationship
• family members, including parents, siblings, and adult children
• people who live, or have lived, in the same household
• people in a dependent care relationship

ADVOs are the most frequently issued order. Where police attend a domestic incident and reasonably believe a person needs protection, they have a statutory duty to apply for an ADVO, even if the protected person does not want one.

APVO — Apprehended Personal Violence Order

An APVO applies where the parties are not in a domestic relationship. It covers threats, harassment, intimidation, or stalking by neighbours, work colleagues, acquaintances, or strangers.

Unlike ADVOs, police have no automatic duty to apply for an APVO. A private person can apply directly to the NSW Local Court.

At a Glance: AVO, ADVO and APVO Compared

What Conditions Can an AVO Impose?

Every AVO contains mandatory conditions prohibiting the defendant from assaulting, threatening, intimidating, stalking, or harassing the protected person, or from damaging the protected person’s property.

Courts can also impose additional conditions tailored to the circumstances, including:

• prohibiting the defendant from contacting or approaching the protected person (including by phone, text, email, or social media)
• requiring the defendant to stay away from specified addresses, such as a home, workplace, or school
• prohibiting the defendant from approaching the protected person within 12 hours of consuming alcohol or drugs
• excluding the defendant from the shared home (known as an exclusion order or “ouster order”), which can be made even where the defendant is the leaseholder or co-owner
• prohibiting the possession of firearms or prohibited weapons

Being subject to any AVO automatically results in the suspension or cancellation of any firearms licence held by the defendant and prohibits them from acquiring firearms for the duration of the order.

Provisional, Interim and Final Orders

Provisional AVO

A police officer can issue a provisional AVO on the spot, without a court hearing, where they believe a person is at immediate risk. The order takes effect immediately and remains in force until the matter comes before a magistrate, typically within a few days.

Interim AVO

When an AVO application is first brought before the court, the magistrate may make an interim AVO pending the final determination. Interim orders are commonly made at the first mention, often without the defendant being present. An interim AVO carries exactly the same legal force as a final order, and breaching it carries the same criminal consequences.

Final AVO

A final AVO is made after the court has heard all evidence and determined that an order is warranted. Final orders typically run for two years, though the court can specify a different period. Orders can be varied, revoked, or extended by further application.

What Happens If an AVO Is Breached?

This is one of the most important things to understand: the order itself is civil, but breaching it is a criminal offence.

Under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), contravening an AVO carries:

• a maximum penalty of 2 years imprisonment and/or a fine of 50 penalty units for a standard breach
• up to 5 years imprisonment where the breach involves an act of violence

A conviction for breaching an AVO will appear on a criminal record. The order itself will not. This distinction is frequently misunderstood and has real consequences for employment, professional licensing, and Working With Children checks.

Where an alleged breach also involves assault, property damage, or other criminal conduct, those charges will typically be prosecuted alongside the breach charge. Koffels’ criminal law team regularly acts for defendants facing AVO-related criminal charges in the NSW Local Court.

The AVO Process in NSW Local Court

1. Application – An application is filed in the Local Court, either by police or (for APVOs) by a private applicant. The application sets out the facts said to justify protection.
2. First mention and interim order – At the first court date, the magistrate considers whether to make an interim AVO. The defendant does not need to be present. In police-applied matters, an interim order is generally pressed for.
3. Defendant’s response – The defendant can consent to the order without admissions (no judicial finding of wrongdoing), contest the application, or negotiate amended conditions or a shorter duration.
4. Defended hearing – If contested, both parties present evidence. The standard of proof is the civil standard, the balance of probabilities, not the criminal standard of beyond reasonable doubt.
5. Final order or dismissal – The magistrate either makes a final AVO or dismisses the application.

How AVOs Intersect With Family Law

AVO proceedings frequently run alongside family law matters, particularly parenting disputes. An ADVO can restrict contact between parties, which may conflict with or complement existing parenting orders made under the Family Law Act 1975 (Cth).

Where both proceedings are on foot simultaneously, their interaction requires careful management. Courts have specific obligations when both an ADVO and a family law parenting matter are before them, and the terms of one order can directly affect the other.

Koffels’ family law team regularly advises clients navigating both sets of proceedings simultaneously.

Frequently Asked Questions

Does an AVO appear on my criminal record?

No, not the order itself. An AVO is a civil order and does not create a criminal record. However, a conviction for breaching an AVO is a criminal offence and will appear on your record.

Can I consent to an AVO without admitting the allegations?

Yes. Consenting to an AVO “without admissions” is a common outcome. The order is made, but the court makes no finding that the alleged conduct occurred. This can be a practical resolution in which the defendant seeks to avoid a contested hearing without conceding the facts.

What if I think the AVO application is false or exaggerated?

You can contest the application. A defended hearing gives both parties the opportunity to present evidence. Obtaining legal advice early, before the first mention if possible, puts you in the best position to respond.

Can an ADVO affect my parenting arrangements?

Yes, potentially. Depending on its conditions, an ADVO may restrict your ability to attend a child’s school, communicate with the other parent, or spend time in certain locations. It is important to obtain advice about how a proposed ADVO would interact with any existing or anticipated parenting orders. Koffels’ family law team can advise on how the two proceedings interact.

How long does an AVO last?

Final orders typically run for two years. The court can specify a longer or shorter period depending on the circumstances. Either party can later apply to vary, revoke, or extend the order.

Can an AVO be made against me even if I have not been charged with a crime?

Yes. AVO proceedings are civil in nature and run independently of any criminal charges. You can be subject to an AVO even where no criminal charge has been laid, and even where charges have previously been dismissed.

Speak With an AVO Lawyer in Sydney

AVO matters move quickly. Provisional orders take effect immediately. Interim orders are commonly made at first mention. Conditions can restrict where you live, who you contact, and what licences you hold.

Whether you are seeking protection or you have been served with an AVO, Koffels Solicitors and Barristers can advise you on your position and represent you through the court process. We act for both protected persons and defendants in ADVO and APVO matters across NSW.

Where an AVO matter involves criminal charges or intersects with a family law proceeding, we can advise across both from the one firm.

Call us on (02) 9283 5599 or use the form below to arrange a confidential consultation.