Apprehended Violence Orders in NSW.

What is an AVO?

An Apprehended Violence Order is an order made by a court to protect a person from violence, threats, intimidation, harassment, or stalking. It works by imposing conditions on the defendant, such as not to assault, threaten, or contact the protected person. It is a civil, protective order, not a criminal charge.

Because it is protective rather than punitive, an AVO is decided on the balance of probabilities, the civil standard, not beyond reasonable doubt. An AVO by itself does not give the defendant a criminal record.

ADVO or APVO: what is the difference?

An Apprehended Domestic Violence Order, or ADVO, is made where the people involved are in a domestic relationship, such as partners, former partners, family members, or people who live together. An Apprehended Personal Violence Order, or APVO, is made where there is no domestic relationship, such as neighbours or co-workers.

The distinction matters for procedure and for some of the consequences, but the basic idea is the same: conditions imposed on one person to protect another. Where an ADVO is in place, related offences such as coercive control and stalking may also be relevant.

How is an AVO made?

An AVO can start as a provisional order made by police, often on the spot, to protect a person immediately. When the matter comes to court, the court can make an interim order to hold the position, and later a final order. A court must make an AVO where a person fears, on reasonable grounds, a domestic violence offence, and in some situations an order is mandatory, such as where a related charge is before the court.

The defendant can consent to an order without admissions, meaning the order is made without the defendant agreeing to the allegations. Many AVOs are resolved this way. The defendant can also contest the order, in which case the court hears evidence and decides.

Conditions and duration

Every AVO includes mandatory conditions not to assault, threaten, stalk, harass, or intimidate the protected person, and not to damage their property. The court can add further conditions, such as not to approach the person or their home or work, not to contact them, or not to be near them after drinking or taking drugs.

A final AVO for an adult runs for the period the court sets, and since 2016 it can be made for a longer or indefinite period in appropriate cases. The default period is two years unless the court orders otherwise. An interim order runs until the matter is finalised.

What happens if an AVO is breached?

Breaching an AVO is a criminal offence under section 14 of the Act. A person who knowingly contravenes a condition of the order can be prosecuted, and the offence carries a maximum of two years imprisonment, a fine, or both. A breach that involves violence is treated seriously and can attract a custodial sentence.

The order and the breach are separate. The AVO itself is civil, but a breach is criminal and goes on the person's record. Anyone served with an AVO should understand exactly what the conditions require, and get advice before consenting to or contesting the order. Our note on an AVO alongside a criminal charge explains how the two run together.

Frequently asked.

Is an AVO a criminal charge?

No. An AVO is a civil, protective order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). It does not give the defendant a criminal record. Breaching an AVO, however, is a criminal offence.

What is the difference between an ADVO and an APVO?

An ADVO applies where the people are in a domestic relationship, such as partners or family. An APVO applies where there is no domestic relationship, such as neighbours or co-workers.

Do I have to admit anything to have an AVO made?

No. A defendant can consent to an AVO without admissions, meaning the order is made without agreeing to the allegations. Many AVOs are resolved this way. The defendant can also contest the order and have the court decide.

How long does an AVO last?

A final AVO for an adult runs for the period the court sets, with a default of two years, and since 2016 it can be made for a longer or indefinite period in appropriate cases. An interim order lasts until the matter is finalised.

What is the penalty for breaching an AVO?

Breaching an AVO is an offence under section 14 carrying a maximum of two years imprisonment, a fine, or both. A breach involving violence is treated seriously and can lead to a custodial sentence.

To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More criminal-law commentary by Aaron Kernaghan.

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