Apprehended Violence Orders

• make an Apprehended Violence Order (AVO)
• refuse to make an AVO
• vary an AVO
• refuse to vary an AVO
• revoke an AVO
• refuse to revoke an AVO
• make a costs order.

Hears applications for an AVO where the defendant is a child. 

Has the power to make, vary, or revoke an AVO for the protection of a child who is the subject of care and protection proceedings

Applications for AVOs and the offence of contravening an AVO. 

An application for an AVO is a civil matter. It is not a criminal offence to have an AVO made against you.

National recognition of AVOs made on or after 25 November 2017:

• an ADVO is automatically recognised and enforceable in any State or Territory
• a registered foreign order will automatically be recognised in other States and Territories
• you can apply to vary (change) or revoke (cancel) an ADVO in any State or Territory
• you can apply to vary or revoke an interstate Domestic Violence Order in NSW. 

An ADVO made before 25 November 2017 is not automatically recognised and enforceable in another State or Territory unless you apply to any local court for the order to be declared and nationally recognised

Applicant

Apprehended Personal Violence Order (APVO)

Central Referral Point

​Court appointed questioner

Defendant

The terms domestic abuse, domestic violence and family violence are often used to describe the same behaviour.

Domestic abuse is behaviour by one person towards another in a domestic relationship which is:

• violent or threatening
• coercive or controlling, or
• causes the person to fear for their safety or for the safety of others.

Domestic abuse can be a single act or a combination of acts over time. It also extends to behaviour that a child might hear, witness or otherwise be exposed to the effects of.

It may include the following behaviours, or threat of the following:

• physical abuse or violence
• sexual abuse, coercion or violence
• economic or financial abuse
• verbal abuse
• shaming, degrading or humiliating a person
• intimidation
• stalking, harassing, monitoring or tracking a person
• damaging or destroying property
• harm to animals
• spiritual abuse
• deprivation or restriction of liberty or unreasonable regulation of a person’s day-to-day activities. 

​Domestic relationship

A relationship between two people that:

• are or have been married, in a de facto relationship, or in an intimate personal relationship
  
• have both had a domestic relationship with the same person, for example, a previous partner and a current partner of the same person, even if they have never met
  
• are or have been living in the same household
  
• are or have been living in the same residential facility (with some exceptions) or a detention centre
  
• have, or had, a relationship where one person receives unpaid care for the other person
  
• are, or have, been relatives
  
• in the case of an Aboriginal person or a Torres Strait Islander, involve a person that is or has been part of the extended family or kin of the other person according to the Indigenous kinship system of the person's culture. Sometimes this is referred to as 'family violence'.

It is not a domestic relationship if the paid carer is applying for protection against the dependant person (and they do not have any other type of domestic relationship).

​Domestic Violence Order (DVO)

Domestic Violence Liaison Officer (DVLO)

• a personal violence offence such as assault, stalking, intimidation or sexual offences, or
• an offence, other than a personal violence offence, in which the conduct that makes up the offence falls within the definition of domestic abuse.

​External Protection Order

​Family Violence

Final AVO

An ADVO or APVO made by the court after:

• the Defendant consents to an AVO
• the Defendant doesn't go to court, or
• a hearing.

​Foreign Order

​An Interim Apprehended Violence Order (AVO) is an order that is made by a court for a period of time, usually until the next court date.

An Interim AVO can be made by the court:

• when the protected person makes the application for the AVO and the person is in need of urgent protection
• when the protected person makes the application for the AVO and the person is in need of urgent protection
• at any time during the proceedings if it appears to the court that it is necessary or appropriate to do so in the circumstances
• at the first mention if a Provisional AVO had been made. The Provisional AVO will automatically become an Interim AVO with the same conditions as the Provisional AVO at the first mention unless:
  • the AVO is revoked
  • the matter is withdrawn or dismissed
  • the court makes an Interim or Final AVO.

A lapsing interim order is a temporary order that may be made in domestic violence cases where there is a standalone Apprehended Domestic Violence Order and your case is in a court with a Specialist Family Violence List Pilot.

To make a lapsing interim order, the court will make an interim AVO and adjourn the case for some time. If there are no breaches during that time, the AVO may be withdrawn and dismissed. If there are breaches, the court may make a final AVO or set a date for hearing.

This process gives a chance to avoid a final, permanent order if the temporary one is followed.

The orders that must be in all AVOs. Also known as standard orders, or orders about behaviour.

They state that the Defendant must not do any of the following to the protected person or anyone the protected person has a domestic relationship with:

• assault or threaten them
• stalk, harass or intimidate them
  
• intentionally or recklessly destroy or damage any property or harm any animal that belongs to or is in the possession of them.
  

Orders made before 27 March 2021 do not state that a Defendant must not harm an animal that belongs to, or is in the possession of, the protected person.

Person in Need of Protection (PINOP)

The person who needs protection from the Defendant. Also known as the protected person.

• the Defendant to collect their property from the residence of the protected person, or 
• the PINOP to collect their property from the residence of the Defendant.

A temporary order applied for by a police officer and granted by a court or senior police officer. Also known as a telephone interim order.

The police can apply for a Provisional AVO on behalf of the protected person at any time where they believe:

• an order needs to be made immediately to ensure the safety and protection of the protected person, or
• an order needs to be made immediately to prevent substantial damage to any property of the protected person.

Where a Provisional AVO has been made, it will automatically become an Interim AVO at the first mention unless:

• the AVO is revoked
• the matter is withdrawn or dismissed
• the court makes an Interim or Final AVO.

When a Provisional AVO is automatically converted to an Interim AVO, the Interim AVO will contain the same orders as the Provisional AVO.

The Specialist Family Violence List Pilot Practice Note established the Specialist Family Violence List Pilot (‘the List’). The List operates in certain local courts in NSW and applies to all family violence related cases listed at those locations. This includes:

• all domestic violence offences, including breaches of ADVO’s
• all police-initiated and privately initiated applications for an ADVO and ancillary applications
• family law applications (such as parenting/recovery orders) if ancillary to an application for an ADVO.

The list aims to deal with these cases more quickly and in a trauma-informed way.

A promise made to the court, usually agreeing not to assault, harass, intimidate or stalk a protected person. An undertaking is not enforceable, and breach of an undertaking is not a criminal offence.

If you don't follow the undertaking, the other person could make another application for an AVO and the court can take your behaviour

• apply for an Apprehended Violence Order (AVO) in the Local Court of NSW
• vary or revoke an AVO in the Local Court of NSW
• apply for an AVO to be declared as nationally recognised.
  

Application for an AVO

• If the police apply for an Apprehended Violence Order (AVO) on your behalf, they will complete the forms.
• If you want to make a private application for an AVO, the registrar at the local court will assist you with the application form. You can get a copy of the form from your nearest local court registry.

Application to vary or revoke AVO

• If the police applied for an AVO on your behalf and you want to extend, vary or revoke the AVO, you should contact the police to make an application.
• If you want to extend, vary or revoke the AVO, you will need to complete an 'Application to Vary or Revoke Apprehended Violence Order' form. You can get a copy of this form from your nearest local court registry. 

• If you want to have an ADVO declared and nationally recognised, you will need to complete the form Application to Declare a Domestic Violence Order (DVO) to be a Recognised DVO. You can get a copy of this form from your nearest local court registry. 

Private application

A cost order will generally not be made against a protected person unless the court considers that the application is frivolous or vexatious, for example, if it was made without good reason or just to cause annoyance.

Police application

An order for costs can't be made against an Applicant who is a police officer unless the court is satisfied that the police officer made the application either:

• knowing it contained anything false or misleading
• seriously mismanaged the case proceedings.