Facing a situation that leads you to consider applying for an Apprehended Violence Order (AVO) can be overwhelming and emotionally draining. Whether you are a victim of domestic abuse, threats, harassment, or stalking, it is important to know that the law in New South Wales provides clear pathways for your protection. If you are based in Western Sydney, including areas like Blacktown, Mount Druitt, Fairfield, and Parramatta, you have access to legal resources that can help you understand and exercise your rights.
This blog will guide you through the AVO application process in NSW, explain the difference between ADVOs (Apprehended Domestic Violence Orders) and APVOs (Apprehended Personal Violence Orders), and help you understand what to expect at every step. Whether you are considering applying for an AVO yourself or seeking support from a solicitor, this article will give you a detailed overview to help you make informed decisions.
What Is an AVO?
An Apprehended Violence Order is a court-issued legal order designed to protect a person from someone they believe poses a risk to their safety. An AVO is intended to prevent further violence, threats, stalking, harassment, or intimidation. The order places restrictions on the defendant’s behaviour to safeguard the protected person.
In New South Wales, there are two main types of AVOs:
- Apprehended Domestic Violence Order (ADVO): This applies when the involved parties are in a domestic relationship, such as spouses, ex-partners, relatives, or people living in the same household.
- Apprehended Personal Violence Order (APVO): This applies when the parties are not in a domestic relationship, such as neighbours, colleagues, or acquaintances.
Both types of AVOs serve to protect individuals from physical or psychological harm and can include specific conditions tailored to the circumstances of the case.
Who Can Apply for an AVO?
An AVO can be applied for in several ways:
- Police Application: If police attend an incident involving violence or threats, they may decide to apply for an AVO on behalf of the victim. In fact, police are legally required to apply for an ADVO if they believe a domestic violence offence has occurred or is likely to occur.
- Private Application: Individuals can also apply directly to the Local Court for an AVO. This is known as a private AVO application, and it is common in cases where police are not involved or choose not to act.
Applicants may seek an AVO for themselves, for a child, or for another person in need of protection. Legal advice is strongly recommended before lodging a private AVO application, as the process can be complex and emotionally challenging.
How to Apply for an AVO in NSW
If you are applying for an AVO without police involvement, you will need to make a private application through your local court. This process involves several key steps:
Step 1: Visit Your Local Court
You must attend the Local Court that serves your area. In Western Sydney, this could include courts located in Blacktown, Mount Druitt, Fairfield, or Parramatta. When you arrive, ask to speak with the Chamber Magistrate, who can help you complete the AVO application forms and lodge them with the court registry.
Step 2: Provide a Detailed Statement
Your application must include a written statement outlining why you are seeking protection. You should include:
- Details of the relationship between you and the defendant
- Specific incidents of violence, threats, stalking, or harassment
- Dates and locations of the incidents
- Any police reports, medical records, or witness statements (if available)
- Whether children are involved or at risk
The more clearly and factually you explain the situation, the better your chances of success in court.
Step 3: Attend the First Court Mention
Once your application is accepted, the court will schedule a first mention date. This is when the matter is brought before a magistrate. The defendant will be served with your application by police and will be required to attend court as well.
On the first mention:
- The magistrate will ask whether the defendant consents to the AVO, disputes it, or wants an adjournment to seek legal advice
- If the defendant consents, an AVO may be made immediately
- If the defendant contests the application, the court may adjourn the matter for a hearing at a later date.
You may request an interim AVO to protect you until the next court date. Interim orders are temporary but enforceable and can include the same conditions as a final order.
Conditions Included in an AVO
Every AVO includes a set of mandatory conditions, as well as additional conditions that may be tailored to the specific circumstances of the case. The goal is to protect the person in need of protection (PINOP) from further harm, intimidation, or harassment.
Mandatory conditions include:
- The defendant must not assault, threaten, stalk, harass, or intimidate the PINOP
- The defendant must not destroy or damage property belonging to the PINOP
Additional conditions may include:
- The defendant must not contact the PINOP, including through phone, text, email, or social media
- The defendant must not approach the PINOP’s home, workplace, school, or other specified location
- The defendant must not be within a certain distance of the PINOP
- The defendant must not possess firearms or weapons
The court can modify these conditions if needed, especially when children or shared living arrangements are involved.
What Happens at the AVO Hearing?
If the defendant disputes the application and the matter proceeds to a hearing, both parties will be required to present evidence and may be cross-examined. This formal process allows the court to determine whether the AVO is necessary to ensure the safety of the applicant or other protected people.
Preparing for the Hearing
Before the hearing, both sides must file their evidence. This may include:
- Written statements from the applicant and witnesses
- Photographs, medical records, or messages that support your claims
- Police reports or past AVOs, if relevant
- Any other documentation that shows a pattern of violence or intimidation
The court will generally not allow new evidence to be introduced on the day unless there are exceptional circumstances.
At the Hearing
During the hearing:
- The magistrate will review the written statements and hear oral evidence
- The applicant may be cross-examined by the defendant or their lawyer
- Witnesses may also be cross-examined
- The defendant will then present their own evidence and testimony
After all evidence is presented, the magistrate will decide whether to make a final AVO based on the balance of probabilities. This means the court must be satisfied that there is a greater than 50 per cent chance that the protected person fears violence, intimidation or harassment and that those fears are reasonable.
What Happens If the AVO Is Granted?
If a final AVO is made, it will typically remain in place for 12 months, though the court may set a shorter or longer duration based on the circumstances.
The defendant must comply with the order from the moment it is made. It becomes a criminal offence to breach any condition of the AVO.
Breaching an AVO
A breach of an AVO is a serious offence under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Penalties for breaching an AVO can include:
- A criminal conviction
- Fines
- Community correction orders
- Imprisonment (up to 2 years)
The police will investigate all reported breaches. If there is evidence of a breach, the defendant may be arrested and charged. This applies even if the protected person agreed to the contact or initiated communication. Once an AVO is in place, it must be obeyed in full.
How a Lawyer Can Help With Your AVO Application
Whether you are applying for an AVO or defending one, the support of an experienced solicitor can make a significant difference. AVO matters are deeply personal and emotionally complex, so it is crucial to have someone who understands the legal process and can guide you through it with clarity and sensitivity.
An AVO lawyer in Western Sydney can assist by:
- Explaining your legal rights and responsibilities
- Helping you prepare a detailed and persuasive application
- Advising you on the likely outcome of your case
- Representing you at court, including the first mention and any hearing
- Negotiating interim or final orders that best protect your interests
- Preparing and filing all necessary legal documents
- Cross-examining witnesses or defending you against false allegations
Legal representation is especially important if the other party has a lawyer, if there are children involved, or if there is a history of violence, threats, or police involvement.
Special Considerations for Western Sydney Residents
Applying for an AVO in Western Sydney can present unique challenges, especially given the region’s population size, cultural diversity, and varying access to legal services. Suburbs such as Mount Druitt, Blacktown, Parramatta, and Fairfield often experience higher demand for AVO applications and family violence services.
Residents in these areas may face:
- Delays in court listings due to the volume of matters
- Language barriers and cultural misunderstandings
- Greater need for community support services or interpreters
- Challenges navigating the legal system without legal help
That is why it is essential to speak with a lawyer who understands the legal environment in Western Sydney and can help you navigate it with confidence and discretion.
Final Tips and Advice
If you are considering applying for an AVO in NSW, here are some key takeaways:
- You have the right to protect yourself from violence, threats, harassment, or intimidation
- There are two types of AVOs, domestic and personal, depending on your relationship with the other party
- You can apply for an AVO through police or the Local Court
- Mediation and legal advice may help resolve the matter before it escalates
- AVO conditions are legally enforceable, and breaching an AVO is a criminal offence
- Having the right legal representation increases your chance of a fair and successful outcome
Contact Golottas Solicitors
If you are applying for or defending against an Apprehended Violence Order in Western Sydney, contact Golottas Solicitors for expert guidance and support. Our experienced team understands the emotional and legal complexities of AVO matters and will work with care and dedication to protect your rights.
We service clients across Blacktown, Mount Druitt, Parramatta, Wetherill Park, and surrounding suburbs.
Reach out today to speak with a local solicitor who understands your needs and is ready to help you through every step of the process.
