What Is an ADVO or APVO in NSW?

There are two classifications of Apprehended Violence Orders. Apprehended Domestic Violence Orders (‘ADVOs’) can be imposed between parties such as spouses, ex-partners, family members and those living in the same household. Apprehended Personal Violence Orders (‘APVOs’) can be imposed between parties such as neighbours, co-workers, acquaintances, friends, former friends.

The person who an AVO restricts is referred to as the ‘defendant’ whereas the person whom it protects is referred to as the ‘person in need of protection’ or ‘PINOP’.

AVOs are civil orders but breaching an AVO is a serious criminal offence. Police can apply for AVOs even in circumstances where the ‘person in need of protection’ does not request or want an order in place.

Police will apply for AVOs in circumstances where there are allegations of threats, harassment, assault and believe there is a continuing risk of violence or fear. Police will always put an AVO in place in addition to a ‘domestic violence’ charge. However, AVOs may often be not associated with any criminal charge.

What Are the Different Types of ADVOs?

For police applications, there are three different stages of an AVO being

• Provisional AVOs = these are put in place by police on an urgent basis and until the matter goes to court for its first appearance.
  

• Interim AVOs = once a provisional order proceeds to court, it becomes ‘interim’, and will continue until the case finalises.
  

• Final AVOs = a final AVO will be in place in circumstances where someone pleads Guilty to a domestic violence offence, or they consent without admissions to a standalone order, or the court deems it necessary to make the order after it has heard all the evidence and determined it is justified for an order to be in place.
  

The court process will depend upon whether the matter involves criminal charges or not.
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If there are no criminal charges, there are two main options for a defendant served with a stand-alone AVO:

• Consenting to the order: this can be done on a ‘without admissions basis’ which means that you are not admitting to any wrongdoing or that anything in the grounds of the application is true.
  

• Contesting the order: the Magistrate will then make orders for the police to file and serve a brief of evidence, with a statement from the defendant to be filed and served in response. The matter will then be set down for Hearing to determine whether a final AVO should be in place or not.
  

The law prescribes that final AVOs can last ‘as long as is necessary, in the opinion of the court, to ensure the safety and protection of the protected person’. However, in practice, the length routinely sought by the police is 2-years.

What Happens When You’re Served With an ADVO

All stand-alone ADVO matters are heard in the Local Court. The process will normally involve the police serving a ‘provisional’ order which will reflect the matter’s first court date. You can attend court with a lawyer to challenge the order, or try and negotiate with the police in circumstances where you are content to consent (without admissions). It is important that breaching the provisional order, even where the matter hasn’t gone to court, can lead to you being arrested. It is integral to seek legal advice so you are aware of your options, the best approach, and what the conditions mean.

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What to Do If You’ve Been Served With an ADVO

If you have been served with an ADVO, it is important to:

• Read and follow all conditions carefully,

• Obtain urgent legal advice to ensure you do not breach any order,

• Save any messages, photos or videos,

• Write a timeline of what happened as a contemporaneous record,

• Call a lawyer immediately before your court date.

Early steps can ensure you have the correct legal approach and can address the prosecution’s evidence. It can also ensure you protect your own rights, and avoid criminal charges being laid in circumstances where you misunderstand the order served.

What Does an ADVO Stop Me From Doing?

Condition 1 is a mandatory condition that is included in every AVO and is often referred to as ‘the standard orders’. Every ‘condition 1’ will state that: ‘the defendant must not do any of the following to the protected person/s or anyone that they have a domestic relationship with:

• assault or threaten them,
  

• stalk, harass or intimidate them,
  

• intentionally or recklessly destroy or damage any property or harm an animal that belongs to or is in the possession of them.’
  

The wording of this condition means that it also protects a PINOP’s partners, ex-partners, children and other relatives.
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There are a number of additional orders that may be sought which depend on the circumstances of the such as orders prescribing that the defendant:

• cannot contact or approach the PINOP,
  

• cannot contact or approach the PINOP unless as agreed in writing about contact with children,
  

• cannot go within 100m of where the PINOP lives or works,
  

• cannot approach the school, childcare or any place the PINOP might go for study,
  

• is unable to approach the PINOP within 12 hours of consuming alcohol or drugs,
  

• cannot locate or attempt to locate the PINOP,
  

• cannot possess any firearms or prohibited weapons.
  

If there is a condition that you cannot contact or approach the PINOP, it is still a breach of the order if you attempt to contact the PINOP through a third party. For example if you can’t contact your ex-partner but you tell your sister to tell your ex-partner that you miss them - this is contact through a third party and a breach of a non-contact condition.

There is the opportunity to negotiate an AVO’s conditions with the police and make submissions about what will be most suitable before a matter is finalised.

Can I Defend or Contest an ADVO?

You can challenge an AVO at court. You have the option to contest the order at court and proceed to a Hearing date in relation to the matter. Prior to an AVO Hearing, there will be timetable orders set for the police to file and serve a brief of evidence, with a statement in response filed and served by the defendant. The Magistrate will review the written material before the court and hear submissions. There is more limited questioning of witnesses, when compared to a criminal matter. Therefore, it is crucial for there to be strong evidence preparation. 

In determining whether an ADVO is warranted, the test is whether the court is satisfied (on the balance of probabilities) that a person who has or has had a domestic relationship with another person has reasonable grounds to fear, and fears:

• the commission by the other person of a domestic violence offence against them, or
  

• the other person engaging in conduct which amounts to intimidation or stalking them (or a person with whom they have a domestic relationship).
  

Police may often drop or agree to amendments to order sought when challenged properly.

Can I Revoke, Vary, or Appeal an ADVO?

Both the defendant and the protected person can apply to vary (referring to changing or removing an AVO’s conditions) or revoke (i.e., completely removing) an ADVO. Variation or revocation applications can be made to the court. The court will consider the application, any risks associated, and whether there has been any change in circumstances since the ADVO was put in place. The court may decline to hear an application if it is satisfied that there has been no change in the circumstances on which the making of the order was based.

If an ADVO is made final by the court after a contested hearing, you have within 28-days to appeal this decision and have the matter re-visited in the District Court.

It is important to obtain legal advice at an early stage so that you don’t make any mistakes that could lead to refusals of applications or unwarranted restrictions on you.

What Happens If I Breach an ADVO?

It is an offence to contravene a prohibition or restriction specified in an apprehended violence order, as outlined in section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). There is a maximum penalty of 2 years imprisonment and/or a $5,500 fine.

Examples of breaches can include going to someone’s house where you are prohibited from doing so, and messaging someone when you are prohibited from contacting them. If you are unable to contact someone, it is important to remember it is still a breach of an ADVO, even if they contact you first or ask for you to contact them or come to their house. 

It is important to obtain legal advice early on to ensure you do not breach any orders, and can prepare an adequate defence against accusations.

Why Choose Elite Defence Lawyers for Your ADVO Case

At Elite Defence Lawyers, we have extensive experience defending ADVOs in courts across NSW. Our skilled team understands the stress these matters bring and provides clear, non-judgmental advice focused on protecting your future.
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From the first consultation, we develop a tailored strategy to challenge the application, negotiate with police, or contest the order in court. Clients have trusted us to achieve strong results, including withdrawn ADVOs, varied conditions, and successful defences.

Whether you’re facing an Apprehended Domestic Violence Order or Apprehended Personal Violence Order, our dedicated AVO lawyers provide trusted support. Serving Greater Sydney, including Sutherland, we are the AVO lawyers Sydney clients turn to when results matter most.