What is an Apprehended Violence Order or AVO?

An Apprehended Violence Order is an order made by a court against you where you allegedly make another person (known as the person in need of protection or PINOP) fear intimidation, harassment or for their safety.nnAll Apprehended Violence Orders provide you must not:nnAssault, threaten, molest, harass, or interfere with the protected person.nStalking or threaten the protected person; andnIntentionally or recklessly destroy or damage any property belonging to the protected person.nnOther types of conditions that may be imposed include:nn- A condition that prevents you going to where the protected person lives (even if it is your home too), works, or studies.n- A condition that you cannot approach or contact the protected person at all.n- A condition that you cannot approach or contact the protected person within 12 hours of consuming alcohol or illicit drugs.

Is an Apprehended Violence Order a criminal offence?

An Apprehended Violence Order is not a criminal charge. It will not give you a criminal record. However, breaching an Apprehended Violence Order is a serious criminal offence that can lead to a criminal record and/or imprisonment.nnAlthough an Apprehended Violence Order is not a criminal offence, there can be consequences beyond the making of the AVO itself. These include:nnAny firearms you have must be given in to the police and you cannot get a new firearms licence until 10 years after the Apprehended Violence Order has ended.nnAn Apprehended Violence Order can also affect your licence to work as a security officer, a police officer or other specific jobs.nnIf the Apprehended Violence Order includes children the Commission for Children and Young People may be notified and your ability to work with children may be affected.

What happens if I breach an AVO?

Where an Apprehended Violence Order is made against you and you are accused of breaching the Apprehended Violence Order, you will be charged with a criminal offence. If you are found guilty you may be subject to considerable penalties. This includes a criminal record. The maximum penalty for breaching an Apprehended Violence Order is a fine of $5500.00 and/or two years imprisonment.nnWhen an Apprehended Violence Order is breached with an act of physical violence the starting point in sentencing you will be imprisonment.

What is the law in relation to Apprehended Violence Orders?

For the court to make an Apprehended Violence Order against you, the police must prove on the balance of probabilities:nnThe protected person fears that you will be violent towards them, harass or intimidate them or stalk them (this is a subjective test, which means that it is based on what the protected person feels); andnThe protected person’s fear is based on reasonable grounds (this is an objective test, which means it is based on whether the court believes that a person in the protected person’s situation would feel the same as the protected person).nnThe fear is at the time the Apprehended Violence Order is being dealt with in court.

How long does an Apprehended Violence Order last?

The period of an Apprehended Violence Order is what the court believes is necessary to ensure the safety and protection of the protected person. The court will usually specify the period of the Apprehended Violence Order. If no expiry is specified, the order remains in force for 12 months from the date it was made.

Can an AVO be varied or revoked?

An Apprehended Violence Order can be varied or revoked if there has been a change in circumstances. The application needs to set out the reasons the person wants to vary or revoke the Apprehended Violence Order. nnApplications to vary or amend an Apprehended Violence Order need to be submitted to a local court. This can be done by a police officer, yourself or the protected person. Where the protected person is a child only the police can apply for the Apprehended Violence Order to be varied or revoked.

Can I apply for an Apprehended Violence Order?

You can apply for an Apprehended Violence Order by attending the local court and filling out an application. If you apply for an Apprehended Violence Order and the application fails, the costs can be awarded against you. It is best to apply for an Apprehended Violence Order with the assistance of one of our criminal lawyers.

Domestic Violence & Apprehended Violence Order (AVO) Lawyers

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We are leading criminal lawyers Domestic Violence & Apprehended Violence Order (AVO) offences.

You can read our 500+ 5-star Google reviews here.

Our expert domestic violence lawyers can help you obtain bail, be found not guilty, or receive a lenient sentence, like no conviction and no prison.

We offer:

Types of domestic violence offences that we appear in

Some of the types of domestic violence offences that we specialise in representing clients for include:

Apprehended Violence Order

Learn everything you need to know about AVOs here.

You have two options when the police apply for an apprehended violence order (AVO) against you. Those are:

Consent to the apprehended violence order (AVO) without admissions, and the court will make the order.
Contest the apprehended violence order (AVO) and request the court dismiss it and request the court dismiss the order.

An Apprehended Violence Order is not a criminal offence. It will not give you a criminal record. However, breaching an Apprehended Violence Order is a serious criminal offence that can lead to a criminal record and/or imprisonment.

Pleading not guilty

You can read a twenty-step guide to pleading not guilty here.

Defences to domestic violence charges, specifically, often include:

Identification, which is where your defence is that the domestic violence offences were committed by someone else.
Self-defence.
No domestic violence occurred.
You were the victim.

Pleading guilty

You can read a fifteen-step guide to pleading guilty here.

In brief, some of the ways that our criminal lawyers can assist you in preparing your sentence for an domestic violence offence include:

Crafting arguments for you to obtain lenient results that involve no prison and no conviction with a section 10.
Negotiating with prosecutors for you to plead guilty to less serious facts or a less serious charge.
Assisting you with references and apology letters.
Obtaining psychological and psychiatric reports.
Directing you to other services, such as drug and alcohol programs, counsellors, psychologists, and psychiatrists.

You can read more about defending domestic violence charges here.

Bail

If you are refused bail, our criminal lawyers can assist you in obtaining bail for your domestic violence and AVO charges.

You can read a fifteen-step guide to obtaining bail here.

About Australian Criminal Law Group

Australian Criminal Law Group is a leading Sydney-based criminal defence firm dedicated to protecting the rights and freedoms of individuals facing criminal charges.

We are co-founded by Joseph Correy, one of Sydney’s best criminal lawyers, and the winner of the NSW Australian of the Year, Deng Adut.

Known for strategic advocacy and client-focused service, our experienced lawyers work tirelessly to secure the best possible outcomes. Meet our criminal defence lawyers here.

We are recognised as a top-tier criminal law firm, having received the following accolades:

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To book your free first conference with the Australian Criminal Law Group, call (02) 8815 8167 or submit a website enquiry.

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Domestic Violence & Apprehended Violence Order (AVO) Lawyers

Types of domestic violence offences that we appear in

Apprehended Violence Order

Pleading not guilty

Pleading guilty

Bail

About Australian Criminal Law Group

Contact Us

Our Offices

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Blacktown

Parramatta

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