Defending an apprehended violence order

If you are the defendant in an AVO, you must be served personally with the AVO application. You must be told that an application has been filed against you and that you have to go to court. 

There are rules for how different documents must be served in AVO matters. 

For more information, see Service of documents (defendant).

If you have been served with an application for an apprehended violence order (AVO), you can:

• ask for an adjournment to get legal advice
  
• give the court an undertaking
  
• consent (agree) to the AVO (with or without admissions)
  
• ask the court to consider a lapsing interim order (if appropriate)
• make a cross application
  
• oppose the application
  
• ask for a property recovery order
  
• do nothing. 
  

For more information, see Responding to an AVO application (defendant).

If you have left personal property with the protected person, or the protected person has left personal property with you, the court can make a property recovery order.

A property recovery order sets out how goods should be returned. An order may be made about goods like clothes, personal papers and children's toys.

In most cases a police officer or officers will come with either you or the protected person to get the property.​

For more information, see Property Recovery Orders (defendant).

A cross application is where the defendant applies for an AVO against the protected person.

If you make a cross application, the local court is required to consider it.

Your application will be treated like a normal application for an AVO. You will have to prove that:

• you fear the other party, and
  
• it is reasonable to have that fear.
  

For more information, see Cross-applications (defendant).

If the police have applied for an AVO against you, they may have also charged you with a criminal offence.

After you are charged, the police release you without bail, release you on bail, or refuse you bail. If you are bail refused, you need to go to court to apply for bail.

You will have to go to court to respond to the charges and the AVO application.

For more information, see Charges and AVOs. 

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

You will be called the 'defendant'. 

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. 
  

For more information, see AVOs against children.

After the AVO application has been filed with the court, your case will be listed for mention. 

The mention is the first date an application for an AVO is heard in court. 

The court will want to know:

• if the applicant still wants the AVO
  
• how you want to respond to the application. 
  

For more information, see Mention (defendant).

It is important you are prepared for your hearing so you can present your case and answer the court’s questions. 

 To prepare, you should:

• get legal advice about how to best present your case
  
• get all of your evidence ready to present at the hearing
  
• issue any subpoenas
  
• plan what you want to say in your submission
  
• organise your documents and evidence.
  

If you need an interpreter or other support from the court, you should notify the court at least two weeks before the hearing.

For more information, see Step by step guide – Preparing for the hearing (defendant).

If you don't agree to an apprehended violence order (AVO), the court will make directions (orders) for statements to be filed and served to prepare for the hearing.

If you are representing yourself, you will need to prepare your written statements and gather any other evidence that supports your case.

There may be different types of evidence you can use to defend yourself depending on what facts are in the AVO application.

For more information, see Written statements and evidence (defendant). 

At the hearing date you and the applicant will usually give evidence in court. You or the applicant might call other witnesses. You should prepare to give evidence and also prepare questions to ask other witnesses.

For more information, see Step by step guide – Presenting your case (defendant).

After reading all statements and hearing all the evidence, the court will either:

• make a final AVO, or
  
• dismiss the application.
  

If the court dismisses the application, your case is finished. 

If the court makes a final AVO against you, you must follow the orders in the AVO while it is in force. If you don’t, you may be charged with a criminal offence.

For more information, see The decision (defendant).

The court can make an order that one party pay the legal costs of the other party in an AVO case.

Legal costs include lawyer's fees and expenses such as conduct money for witnesses. Legal costs do not include lost wages.

If the court dismisses the application, you can ask the court to make an order that the protected person or the police pay your legal costs.

For more information, see Costs in AVO cases (defendant).