Apprehended Violence Orders against children

Responding to an AVO application

If you have been served with an application for an AVO, you can:

• ask for an adjournment to get legal advice
• agree to get counselling or treatment
• agree to mediation
• consent (agree) to an interim AVO
• consent (agree) to a final AVO
• oppose the application
• do nothing.

Going to court

If you are under 18, your case will be heard in the Children's Court.

You will be called the 'defendant'.

The courtroom will be closed for your case. Members of the general public are not allowed in the Children's Court, and any other criminal proceedings involving a child.

If you are going to court for an AVO matter, you may be able to have your parents or other support person in the courtroom. 

For more information, see AVOS: Children and Young people on the Children's Court NSW website.

Mention

The mention is the first date an application for an AVO is heard in court. At the mention, the court will ask you whether you want to have counselling or another kind of treatment to deal with the problems that led to the application being made against you.

The court may ask you to speak to a court support officer so they can decide if counselling or any kind of treatment is suitable for you. 

If agree to go to counselling or treatment, you must tell the court the name of the service and the date of your appointment. This will be recorded on the court file. Your case will be adjourned (postponed) for you to attend counselling or treatment. If you agree, the court can make an interim AVO for three months, while you go to counselling or treatment.

If counselling or treatment is not available, or you do not agree to counselling or treatment, the court will ask you if you agree to a temporary (interim) AVO being made against you for five months. If you agree, and you don’t breach the AVO, the police can withdraw the application. If this happens, the interim AVO will end and your case will be finished.

If the police continue with their application after five months, the court will ask you whether you agree to a final AVO being made against you. If you agree, the court will make the AVO and you will have to follow the orders until it is finished.

If you don’t agree, the court will make orders to arrange a hearing so a judge can decide the case. 

The decision

Depending on what you want to do, the court may:

• refer you to counselling
• refer you to mediation
• adjourn (postpone) your case to a later date
• make an interim AVO (temporary AVO) and adjourn (postpone) the case to a later date
• make a final AVO
• set a hearing date
• give the applicant permission to withdraw the application.

The duration of an AVO

If the court makes an interim or final AVO against you, the order will be for:

• the time set by the court, or
• one year, if the court doesn’t set a time.

If a final AVO is made against you, it must be for a specific period of time. It can’t be for an indefinite period of time.

Your name or other identifying information cannot be published. The public won’t know about your case. 

Withdrawing an AVO application

Only the person who made the application can ask the court for permission to withdraw an AVO.

If the police applied for an AVO, only the police can ask to withdraw the application.

Vary or revoke an AVO

An application can be made to vary (change) or revoke (cancel) an interim or final AVO by:

• you
• the police
• the protected person.

For more information, see Vary or revoke an AVO (defendant). 

Appeals

You can appeal to the District Court of NSW within 28 days if the court:

• makes an AVO against you when you are in court
• varies the AVO
• refuses to vary the AVO
• refuses to revoke the AVO.

Appealing the court’s decision to make an AVO doesn’t automatically stay (stop) the AVO. You can apply to the court for an order to stay the AVO. The court will only make an order if it will not affect the safety of the protected person or any other person.

Before filing an appeal, you should get legal advice.

If the AVO application is dismissed, the applicant may appeal the decision to the District Court of NSW within 28 days. You should be notified of any appeal.

For more information, see Appeals and annulments.

Support services

If you feel unsafe because of  violence affecting you, it is important to talk to someone.  You could talk to an adult you trust and feel comfortable with, like a family friend or a teacher. If you aren’t comfortable talking to an adult you know, here are the details of some other people you can talk to: