After court (protected person)

Consequences for you and the defendant

If the court makes an AVO for your protection, there may be consequences for both you and the defendant that you should be aware of.

It may affect your:

• your visa
• where you live
• your job.

For more information, see Consequences for the PINOP.

Reporting a breach

While there is an AVO in place against the defendant they must comply with the orders in the AVO. If they don't, they may breach their AVO and be charged with a criminal offence.

If the defendant breaches their AVO, you should speak to the police.

The police can enforce an apprehended domestic violence order (ADVO) made in NSW and any other Australian state or territory, and a registered foreign order.

For more information, see Reporting a breach.

Vary or revoke an AVO

After an AVO is made, it can be varied (changed) or revoked (cancelled). 

An AVO can be 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 (protected person).

Apply for an annulment

If you don’t go to court and your AVO application is dismissed, you can apply to have the decision annulled (cancelled) within two years of the date that the order was made.

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

If the defendant didn't attend court, and an AVO was made against them, they can apply to annul the AVO. 

If the defendant applies to annul the AVO, you will be notified by the court. 

For more information, see Appeals and annulments.

Appeal the decision

If you are unhappy with the court's decision, you may be able to appeal to the District Court of NSW within 28 days.

You may be able to appeal if the court:

• dismisses your application
• makes a costs order against you
• makes an AVO but doesn’t include all of the orders that you or the police asked for in the application.

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 about an appeal.

If a final AVO is made, the defendant may appeal the court's decision. You will be notified if the defendant appeals.

For more information, see Appeals and annulments.

Interstate orders

An apprehended domestic violence orders (ADVOs) made after 25 November 2017 in recognised and enforceable in any Australian State or Territory.

An ADVO made before this date is recognised and enforceable in the State or Territory where it was made, and any State or Territory where it has been registered.

An apprehended personal violence order (APVO) is recognised and enforceable in the State or Territory where it was made, and any State or Territory where it has been registered.

For more information, see Interstate orders (protected person).