An Apprehended Violence Order (AVO) is a civil court order under New South Wales law that sets legally binding rules for how one person must behave toward another, made to protect someone who fears violence, stalking, intimidation, or harassment. It is issued under the Crimes (Domestic and Personal Violence) Act 2007.1NSW Legislation. Crimes (Domestic and Personal Violence) Act 2007 No 80 The order itself is not a criminal charge and does not create a conviction. Breaching it is a criminal offence that can lead to imprisonment.
The Two Kinds of AVO
Which type of AVO applies depends on the relationship between the people involved.2Legal Aid NSW. Types of Apprehended Violence Orders
An Apprehended Domestic Violence Order (ADVO) applies where the parties have or have had a domestic relationship. The definition is broad: current or former spouses and de facto partners, people in an intimate personal relationship, people who have lived in the same household, relatives, people in a carer arrangement, and, for Aboriginal and Torres Strait Islander people, members of each other’s extended family or kin under the relevant kinship system.1NSW Legislation. Crimes (Domestic and Personal Violence) Act 2007 No 80
An Apprehended Personal Violence Order (APVO) covers everyone else: neighbours, coworkers, acquaintances, strangers. The protections operate the same way; only the relationship category changes.2Legal Aid NSW. Types of Apprehended Violence Orders
What Conditions Does an AVO Impose?
Every AVO carries a mandatory condition prohibiting the defendant from assaulting or threatening the protected person, stalking, harassing or intimidating them, and deliberately or recklessly destroying or damaging their property.3NSW Police Force. Conditions of an AVO That baseline applies to every order.
Courts can add further conditions tailored to the case:3NSW Police Force. Conditions of an AVO
- No contact with the protected person by any means, except through a lawyer.
- Staying a specified distance from the protected person’s home, workplace, or school.
- No being in the protected person’s company for at least 12 hours after consuming alcohol or drugs.
- No attempting to locate where the protected person lives or works.
A neighbour dispute may carry only the mandatory condition plus a distance restriction. A domestic violence matter often combines no-contact and exclusion-zone orders.
Penalties for Breaching an AVO
The AVO is civil, but breaking its conditions is criminal. Penalties escalate with intent and pattern of behaviour:1NSW Legislation. Crimes (Domestic and Personal Violence) Act 2007 No 80
- Knowingly breaching an ADVO: up to 2 years imprisonment, a fine of up to $5,500, or both.
- Breach with intent to cause physical or mental harm: up to 3 years imprisonment, a fine of up to $11,000, or both.
- Three or more breaches within 28 days: up to 5 years imprisonment, a fine of up to $16,500, or both.
Where the breach involved an act of violence against a person, the court must impose a term of imprisonment unless it specifically orders otherwise. The breach does not have to be physical. Sending a text message, or showing up somewhere covered by an exclusion zone, is enough to be arrested and charged.
If You Are the Defendant
Being named as a defendant on an AVO application does not mean you have a criminal record. The process is civil, and the application itself is not a finding of guilt. The practical consequences, though, are real and worth understanding before your first court date.
At court, a defendant has several options:4Legal Aid NSW. Defending an AVO
- Ask for an adjournment to get legal advice.
- Consent to the AVO without admissions, agreeing to follow the conditions without accepting that the alleged behaviour occurred. This is the most common outcome and does not create a criminal record.
- Oppose the application, which leads to a hearing where both sides give evidence.
- Offer the court an undertaking, a formal promise about future behaviour, which may resolve the matter without a final order.
- Make a cross-application for your own AVO against the protected person, which the court treats as a separate application.
- Do nothing. If a defendant fails to attend after being served, the court can make an AVO in their absence.
A defendant who was not in court when a final AVO was made can apply to have it annulled within two years. A defendant who was present can appeal to the District Court within 28 days.4Legal Aid NSW. Defending an AVO
How Long an AVO Lasts and How to Change It
The court sets the length of each AVO based on the seriousness of the conduct and the ongoing need for protection. Final ADVOs commonly run between six months and two years. If the court does not specify a period, the Act sets a default of 12 months from the date the order is made.1NSW Legislation. Crimes (Domestic and Personal Violence) Act 2007 No 80
Either party can apply to vary the conditions or revoke the order if circumstances change. The court will refuse to hear the application if it is satisfied there has been no genuine change in circumstances since the order was made. Where police applied for the original AVO, the protected person cannot simply withdraw it. They must apply formally to the court, and the court weighs both their wishes and the views of police before deciding.
Impact on Firearms
An AVO carries immediate and long-term consequences for anyone who holds a firearms licence. If an interim AVO is made against you, your firearms licence is automatically suspended. If a final AVO is made, the licence is automatically revoked.5NSW Police Force. Frequently Asked Questions – Suspension, Refusal and Revocation All firearms and the licence card must be surrendered to police, and they remain with police until the suspension is lifted or, in the case of revocation, indefinitely.
A person who has been subject to an AVO is generally unable to obtain a firearms licence for 10 years after the order expires. For anyone whose work depends on a licence, including security work, rural property management, and some law enforcement roles, even consenting to an AVO without admissions triggers these restrictions.
Does an AVO Go on Your Record?
An AVO is not a criminal conviction and does not appear on a criminal record. It will not show up in a standard criminal history check. There are two places where it does surface. It will appear in a Working With Children Check, which can affect employment or volunteer work involving children. It also triggers the firearms consequences above.
If the AVO is later breached and a conviction is recorded for that breach, the breach conviction does go on the person’s criminal record, because the breach itself is a separate criminal offence from the civil AVO.