After court (defendant)

Consequences of an AVO

If the court makes a final apprehended violence order (AVO) against you, there may be consequences that you should be aware of. 

For more information, see Consequences for the defendant.

Breaching your AVO

You will breach your apprehended violence order (AVO) if you knowingly do something that the AVO says you are not allowed to do.

If you breach any of the orders, you may be arrested and charged with a criminal offence.

For more information, see Breaching your AVO.

Vary or revoke an AVO

After a final AVO is made, it can be:

• varied (changed), or
  
• revoked (cancelled). 
  

An AVO can varied (changed) to:

• extend the duration of the AVO
  
• reduce the duration of the AVO
  
• add orders
  
• delete orders
  
• amend (change) orders. 
  

For more information, see Vary or revoke an AVO.

Apply for an annulment

If a final apprehended violence order (AVO) is made against you when you are not in court, you can apply to have it annulled (cancelled) within two years of the date of the order. Your application for annulment will be heard by the same court that made the AVO.

If the decision is cancelled the court will re-hear the application for an AVO. You should be prepared to respond to the application for the AVO.

If the application was dismissed because the applicant or protected person didn't attend court, the applicant can apply to annul the decision.

If the applicant applies to annul the decision, you will be notified by the court.

Before filing an annulment, you should get legal advice. If you were previously represented by a Legal Aid NSW lawyer or a private lawyer under a grant of legal aid, you should go back to the same lawyer for advice. 

For more information, see Appeals and annulments.

Appeal the decision

If you are not happy with the court's decision, you may be able to appeal to the district court within 28 days of the date the AVO was made.

You may be able to appeal if the court:

• makes a final apprehended violence order (AVO) against you
  
• makes a costs order against you
  
• dismisses your annulment application
  
• varies the AVO
  
• dismisses your application to vary or revoke the AVO. 
  

If the AVO application is dismissed, the applicant may appeal the court’s decision. You will be notified if the applicant appeals.

Before filing an appeal, you should get legal advice. If you were previously represented by a Legal Aid NSW lawyer or a private lawyer under a grant of legal aid, you should go back to the same lawyer for advice. 

For more information, see Appeals and annulments.

Interstate orders

An apprehended domestic violence order (ADVO) made outside of New South Wales (NSW) is called an:

• interstate domestic violence order  (DVO)
  
• non-local DVO 
  
• intervention order
  
• family violence order
  
• family violence intervention order
  
• violence restraining order.  
  

An interstate DVO made on or after 25 November 2017 is automatically recognised and enforceable in any Australian state or territory. 

A registered foreign order will automatically be recognised in other Australian states and territories.

If the DVO is varied (changed) or revoked (cancelled) in any state or territory, it will automatically replace the original order. 

For more information, see Interstate orders (defendant).