Apprehended Violence Orders (AVOs) are one of the most common legal matters dealt with in the Local Court of New South Wales. These orders exist to protect individuals who feel threatened, harassed, or intimidated by another person. At Pannu Lawyers, we regularly represent both applicants and defendants in AVO proceedings. We understand the impact these matters can have on family life, employment, and reputation.
This guide explains the AVO process, your rights, and how to maximise your chances of success, whether you are seeking an AVO or defending against one.
Understanding What an AVO Is
An AVO is a court order that restricts the behaviour of another person to protect the person in need of protection. Importantly, it is not a criminal charge in itself. Instead, it is a civil order designed to prevent conflict from escalating into violence or ongoing harassment. There are two types of AVOs:
Apprehended Domestic Violence Orders (ADVOs) – These apply where the parties share or have shared a domestic relationship, such as spouses, partners, ex-partners, relatives, or housemates. ADVOs are the most common type of AVO in NSW.
Apprehended Personal Violence Orders (APVOs) – These apply when the people involveddo not share a domestic relationship. Examples include disputes between neighbours, colleagues, or acquaintances.
At Pannu Lawyers, we explain to every client that the purpose of an AVO is prevention. It aims to provide peace of mind by ensuring that the protected person feels safe in their daily life.
Who Can Apply for an AVO?
Applications can be made by:
The Police – Police frequently apply for AVOs on behalf of alleged victims of domestic violence. If a domestic incident occurs and the police are called, they often file an application to protect the person at risk.
The Individual (Private Application) – A person can also apply directly to the Local Court if the police decide not to proceed. This option is more common in non-domestic disputes such as neighbourhood disagreements or workplace harassment.
It is critical to understand that even if the protected person does not want an AVO, the police can still proceed if they believe it is necessary.
The Process of Applying for an AVO
Applying for an AVO involves several stages. Each stage must be carefully managed, especially if the matter becomes contested.
Filing the Application
If you are making a private application, you must attend the Local Court and complete the required paperwork. A court date is then allocated for the matter to be mentioned. Police applications are usually filed immediately after an incident. Generally speaking with the Police Applications there will be a provisional order put in place that can continue until it is changed to interim order.
Interim Orders
If urgent protection is required, the court can issue interim AVO orders until the case is finalised. These interim orders provide immediate restrictions and often remain in place for weeks or months until the hearing.
The First Mention
At the first mention, the defendant is served with the application and can respond in one of three ways:
a) agree to the order being made, b) consent to the order without admitting the allegations, or c) indicate an intention to defend the matter.
Directions and Evidence
If the AVO is contested, the court will set deadlines for both sides to file statements and evidence. This may include text messages, emails, photos, medical records, or police statements. Generally speaking the Applicant is required to file their evidence within 2 weeks of the First Mention, the Respondent is required to file their evidence within 2 weeks after the Applicant’s evidence is filed and matter is then listed for a Compliance mention at the Local Court.
The Hearing
At the final hearing, both sides present evidence and witnesses. The magistrate must be satisfied on the balance of probabilities that the protected person has reasonable grounds to fear violence, intimidation, or stalking. If that test is met, a final AVO is made.
Final Orders
Final AVOs usually last 24 months but can extend for several years. The length depends on the seriousness of the allegations and the level of risk.
At Pannu Lawyers, we prepare our clients thoroughly for every step in the process. This preparation ensures that your position is presented clearly and persuasively in court.
Conditions Commonly Imposed in an AVO
AVOs include standard conditions that prohibit the defendant from assaulting, harassing, stalking, or intimidating the protected person. Additional conditions may include:
No direct or indirect contact with the protected person.
Staying away from the person’s home, work, or school.
Not damaging the person’s property.
Not approaching the person after consuming alcohol or drugs.
The court tailors these conditions to the individual case. In family law disputes, conditions may also include exceptions for parenting arrangements to ensure children are not cut off from contact with a parent.
Consequences of Breaching an AVO
Breaching an AVO is a serious criminal offence. A breach can lead to immediate arrest, criminal charges, and penalties including fines or imprisonment. Even a minor breach, such as sending a text message, can result in a conviction.
We always advise clients to take AVOs seriously. At Pannu Lawyers, we have seen many people face avoidable criminal charges simply because they underestimated the restrictions in place.
Defending Against an AVO
While AVOs serve an important purpose, they can also be misused. In some cases, people apply for an AVO to gain a strategic advantage in family law disputes or to harass the other party.
Defences to an AVO include:
i. No reasonable fear – The applicant cannot demonstrate that they genuinely fear violence or harassment. ii. No evidence – The allegations are unsubstantiated or inconsistent. iii. Retaliatory application – The AVO was sought to gain leverage in family law or property disputes.
At Pannu Lawyers, we vigorously defend clients where applications are unfair or exaggerated. Our role is to challenge weak evidence and expose any improper motives behind the application.
The Impact of an AVO
An AVO has wider consequences beyond the immediate restrictions. Defendants should be aware that an AVO may: A. Affect employment, particularly if you work in security, law enforcement, or child- related roles. B. Impact family law proceedings, especially parenting arrangements. C. Restrict firearms licences, preventing you from owning or using firearms. D. Damage your reputation and relationships.
Because of these consequences, professional legal advice is crucial before agreeing to any order.
Why Legal Representation is Essential ?
AVO proceedings move quickly, and magistrates expect parties to present their evidence clearly and efficiently. Representing yourself can put you at a disadvantage, particularly if the other side has a lawyer or if the police are prosecuting.
At Pannu Lawyers, we provide:
Strategic advice from the first court mention.
Careful preparation of evidence and witness statements.
Skilled cross-examination of the other side’s witnesses.
Clear advocacy to persuade the magistrate possibly in your favour.
We pride ourselves on achieving results that protect our clients’ rights while minimising unnecessary stress.
Practical Tips for Applicants
If you are applying for an AVO, preparation is key. Consider the following: A. Keep records of incidents, including dates, times, and witnesses. B. Save messages, emails, or photos that support your claims. C. Report breaches or threats to the police immediately. D. Seek legal advice early to strengthen your application.
Practical Tips for Defendants
If you are defending an AVO: A. Do not contact the applicant, even if you believe the allegations are false. B. Comply strictly with interim orders until the matter is finalised. C. Gather evidence that contradicts the allegations. D. Obtain statements from witnesses who can support your case.
By following these steps, you give your lawyer the strongest platform to defend you in court.
Conclusion
Apprehended Violence Orders play a critical role in protecting people from violence, harassment, and intimidation. However, they also carry significant consequences for those on the receiving end. Whether you are applying for an AVO or defending against one, you must understand the process, the law, and the risks involved.
At Pannu Lawyers, our criminal and family law team has extensive experience in AVO matters. We understand how to navigate the Local Court system and how to secure the best possible result for our clients.
If you need representation for an AVO, contact Pannu Lawyers today. Our experienced lawyers will protect your rights, guide you through the process, and fight for the outcome you deserve.
