Apprehended Violence Orders (AVO, ADVO, and FVO)
Protective Orders That May Affect Your Freedom and Future
AVOs, ADVOs, and FVOs are all designed to protect individuals from harm, but they may apply in different circumstances. Here’s what you need to know:
- AVO vs. ADVO vs. FVO: While AVOs cover all forms of violence, ADVOs and FVOs are specifically aimed at protecting individuals from domestic violence. The terms ADVO and FVO are often used interchangeably, with FVOs being a variation of ADVOs within the family violence context.
- Police Involvement: Police-issued AVOs or FVOs are typically made when there are serious concerns for a person’s safety, even if they do not want an order. Private applications for AVOs and ADVOs can be made by the person seeking protection.
- Misuse of Orders: AVOs and ADVOs may be misused in situations like family disputes, retaliation, or visa applications, which can complicate legal proceedings.
If you are facing an AVO, ADVO, or FVO charge or need legal assistance in these matters, Brightstone Defence Criminal Lawyers are here to provide professional legal guidance and protect your rights.
What is an AVO and Provisional AVO?
An AVO, or apprehended violence order, is an order made by the court to protect a person who is a victim from another person who has engaged in abusive conduct over time.
In NSW, AVOs are governed by the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
Provisional AVOs are applied for by police officers and granted by the court or a senior officer if immediate protection is needed to ensure safety and/or prevent damage to property.
- Sometimes called ‘Telephone Interim Orders’ as they can be applied for by phone or online.
- Contains mandatory orders stating what the defendant can or cannot do.
- Lasts until revoked, replaced, or substantivized to an Interim or Final AVO.
- Automatically progresses to an Interim AVO after the first court mention.
Anyone served with an AVO, ADVO, or FVO must comply with its conditions. Under section 14 of the Crimes (Domestic and Personal Violence) Act 2007, breaching an order carries a maximum penalty of 2 years imprisonment.
Elements the Prosecution Must Prove
Understanding Interim AVOs
An Interim AVO is a temporary order made by the court to provide protection.
- Remains in place until revoked, a Final AVO is made, or the application is withdrawn/dismissed.
- Progresses to a Final AVO if the defendant does not appear, the defence consents, or the applicant is successful.
- Withdrawn or dismissed Interim AVOs do not appear on a criminal record.
Possible Defences
What is an ADVO?
An Apprehended Domestic Violence Order (ADVO) protects a person from violence, stalking, intimidation, or harassment by someone they are, or were, in a “domestic relationship” with.
- Person protected: PINOP (Person in Need of Protection)
- Person the order is made against: Defendant
Defining Domestic Relationships
Under section 5(1) of the Crimes (Domestic and Personal Violence) Act 2007:
- Married or de facto partners, or intimate personal relationships
- People living in the same household or residential facility
- Dependence on ongoing care, relatives, or extended family under Indigenous kinship systems
- Section 5
(2)also includes two persons who have each had a domestic relationship with the same third person
Potential Penalties
Family Violence Orders (FVO) in the Australian Capital Territory (ACT)
In the ACT, a Family Violence Order (FVO) is an order that prohibits a person from engaging in family violence against another person/s made by the Magistrates Court. Section 8 of the Family Violence Act 2016 defines family violence as any behaviour by a person towards a family member that may include:
- These behaviours put family members at risk of harm or fear and are recognised as serious offences under the Act.
- Physical or sexual abuse – causing harm or unwanted sexual contact
- Emotional or psychological abuse – threats, intimidation, or controlling behaviour
- Economic abuse – restricting access to money or property
- Damage to property or pets – to intimidate or control
- Use of technology – threatening messages, posting private images, or tracking movements
- Exposure of children to violence – children witnessing abuse or harm
These behaviours are recognised as forms of family violence because they endanger the safety, welfare, or wellbeing of family members and can cause long-term physical, emotional, or psychological harm.
Legal Process
& Options
AVO matters are usually heard in the Local Court (NSW) or Magistrates Court (ACT). Interim orders may be made quickly based on police applications, with a later hearing to decide if a final order is justified. You will have the opportunity to consent, contest, or negotiate the terms of the order.
Disputing the Order
If you believe the order is unjustified, you can contest it. In such cases, a hearing will take place where evidence and witnesses will be presented. The court will then decide whether the order should be granted or dismissed.
Accepting the Order
If you do not dispute the order, the court may issue the AVO, ADVO, or FVO after a brief hearing. The order will include conditions designed to protect the individual seeking protection. By accepting the order, you agree to comply with the conditions set by the court.
Pleading
Not Guilty
Pleading
Guilty
An Apprehended Domestic Violence Order (ADVO) is a specific type of AVO that is used when the people involved are in a domestic relationship. This includes relationships between:
- Spouses or partners
- Parents and children
- People in a close family or household relationship
An Apprehended Personal Violence Order (FVO), on the other hand, is used when the people involved are not in a domestic relationship. This can involve conflicts between neighbours, strangers, co-workers or acquaintances.
The length of an AVO in NSW can vary. A final Apprehended Violence Order (AVO) can last for a maximum of 2 years. However, in certain circumstances, the order can be extended beyond this period if the court considers it necessary for the safety of the protected person.
If a person breaches the conditions of an AVO, they can be charged with a criminal offence, which can result in serious penalties, including imprisonment.
Yes, you can apply for an AVO even if the incidents of violence or threats occurred in the past. The AVO application is meant to protect you from further harm, and the court will consider any previous incidents of violence or threats when deciding whether to issue the order.
However, the more recent and specific the threat, the stronger the case for an AVO will be. It's important to provide as much detail as possible to the court about the history of abuse or threats.
Yes, an AVO can be made without the consent of the person the order is made against. If the police believe that you are at risk, they can apply for an interim AVO on your behalf. If the defendant doesn’t agree to the AVO, the matter will go to a hearing, where both parties can present evidence. The court will decide whether to make the order based on the facts and any evidence of threat or harm.
If the defendant agrees to the order (without admitting to the allegations), the court may make a consent order, which means the AVO will still apply but without a hearing.
Yes. You should seek legal advice immediately. A criminal defence lawyer can explain your rights, assess your case, and guide you through the court process. Early legal representation can significantly improve your chances of achieving the best possible outcome. Contact Brightstone Defence today to speak with our experienced team.
- Possibly
However, some AVOs restrict contact with children. The terms of the order and any family court orders will determine this.
An Apprehended Domestic Violence Order (ADVO) is a specific type of AVO that is used when the people involved are in a domestic relationship. This includes relationships between:
- Spouses or partners
- Parents and children
- People in a close family or household relationship
An Apprehended Personal Violence Order (APVO), on the other hand, is used when the people involved are not in a domestic relationship. This can involve conflicts between neighbours, strangers, co-workers, or acquaintances.
- Yes
You have the right to challenge or oppose an AVO in a defended hearing.
You should seek advice from an experienced AVO defence lawyer who can assess the police evidence and present your case clearly in court.
- Yes
While not a conviction, it may impact occupations involving vulnerable people (e.g. teaching, healthcare) or immigration status.
- No, it is a civil order.
However, breaching it is a criminal offence.
Yes, you can apply for an AVO even if the incidents of violence or threats occurred in the past.
- The AVO application is meant to protect you from further harm, and the court will consider any previous incidents of violence or threats when deciding whether to issue the order.
- However, the more recent and specific the threat, the stronger the case for an AVO will be. It's important to provide as much detail as possible to the court about the history of abuse or threats.
Yes, an AVO can be made without the consent of the person the order is made against.
- If the police believe that you are at risk, they can apply for an interim AVO on your behalf. If the defendant doesn’t agree to the AVO, the matter will go to a hearing, where both parties can present evidence.
- The court will decide whether to make the order based on the facts and any evidence of threat or harm.If the defendant agrees to the order (without admitting to the allegations), the court may make a consent order, which means the AVO will still apply but without a hearing.
The length of an AVO in NSW can vary. A final Apprehended Violence Order (AVO) is usually for a period of 2 years starting from the time that the order is made.
- However, in certain circumstances, the order can be extended beyond this period if the court considers it necessary for the safety of the protected person.
- If a person breaches the conditions of an AVO, they can be charged with a criminal offence, which can result in serious penalties, including imprisonment.
A specialist AVO lawyer can:
- Review the circumstances and evidence to identify strong defences
- Represent you in court hearings or negotiations with the applicant
- Advise on strategies to minimise restrictions or protect your rights while complying with the order
- Possibly
However, some AVOs restrict contact with children. The terms of the order and any family court orders will determine this.
An Apprehended Domestic Violence Order (ADVO) is a specific type of AVO that is used when the people involved are in a domestic relationship. This includes relationships between:
- Spouses or partners
- Parents and children
- People in a close family or household relationship
An Apprehended Personal Violence Order (APVO), on the other hand, is used when the people involved are not in a domestic relationship. This can involve conflicts between neighbours, strangers, co-workers, or acquaintances.
- Yes
You have the right to challenge or oppose an AVO in a defended hearing.
You should seek advice from an experienced AVO defence lawyer who can assess the police evidence and present your case clearly in court.
- Yes
While not a conviction, it may impact occupations involving vulnerable people (e.g. teaching, healthcare) or immigration status.
- No, it is a civil order.
However, breaching it is a criminal offence.
Yes, you can apply for an AVO even if the incidents of violence or threats occurred in the past.
- The AVO application is meant to protect you from further harm, and the court will consider any previous incidents of violence or threats when deciding whether to issue the order.
- However, the more recent and specific the threat, the stronger the case for an AVO will be. It's important to provide as much detail as possible to the court about the history of abuse or threats.
Yes, an AVO can be made without the consent of the person the order is made against.
- If the police believe that you are at risk, they can apply for an interim AVO on your behalf. If the defendant doesn’t agree to the AVO, the matter will go to a hearing, where both parties can present evidence.
- The court will decide whether to make the order based on the facts and any evidence of threat or harm.If the defendant agrees to the order (without admitting to the allegations), the court may make a consent order, which means the AVO will still apply but without a hearing.
The length of an AVO in NSW can vary. A final Apprehended Violence Order (AVO) is usually for a period of 2 years starting from the time that the order is made.
- However, in certain circumstances, the order can be extended beyond this period if the court considers it necessary for the safety of the protected person.
- If a person breaches the conditions of an AVO, they can be charged with a criminal offence, which can result in serious penalties, including imprisonment.
A specialist AVO lawyer can:
- Review the circumstances and evidence to identify strong defences
- Represent you in court hearings or negotiations with the applicant
- Advise on strategies to minimise restrictions or protect your rights while complying with the order
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