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How to get an AVO in NSW: A complete step-by-step legal guide
Facing threats, intimidation, or violence from a spouse, partner, or anyone else can be scary. In such situations, you can seek an Apprehended Violence Order (AVO) from the court that can help ensure your safety.
By Stefanie Costi, Lawyer at Watts McCray.
In this article, we’ll explain how to get an AVO in New South Wales.
What is an Apprehended Violence Order (AVO)?
An Apprehended Violence Order, commonly known as an AVO, is a court order made in the Local Court of New South Wales that protects you from violence, threats, stalking, intimidation, or harassment. The person who has caused you trouble must abide by the Apprehended Violence Order. If they don’t, they may be charged with a crime.
What are the types of AVOs?
There are two kinds of Apprehended Violence Orders:
- Apprehended Domestic Violence Order (“ADVO”): This type of order protects you from violence, threats, stalking, intimidation, or harassment from someone you’re in a domestic relationship with. A domestic relationship means a range of connections, like being family, living together, or being in a romantic relationship, whether now or in the past.
- Apprehended Personal Violence Order (“APVO”): This order protects you from violence, threats, stalking, intimidation, or harassment from someone not in a domestic relationship with you like an acquaintance, neighbour, colleague, or stranger.
Who can apply for an Apprehended Violence Order?
Normally, the police will request an Apprehended Violence Order for you. However, if you’re 16 or older and have experienced:
- physical or sexual assault;
- threats;
- stalking;
- intimidation; or
- harassment; and you think it might continue, you can also apply for one.
What are the grounds for an AVO in NSW?
If someone is scaring you or making you feel unsafe through physical violence, threats, stalking, intimidation, or any behaviour that causes you to be fearful, it may be time to consider applying for an Apprehended Violence Order, which are just some of the grounds for an AVO in NSW.
How to get an AVO in NSW: Application process
Here is a step-by-step guide on how to get an AVO in NSW and the AVO application process to follow:
Step 1: Initiate the AVO application process
- Call the police on 000 or visit your local police station to start your application.
- Before you do, make sure you gather any evidence, like photographs, witness statements, medical reports, or any other documents, to support your case.
- The police will conduct their own investigation and may even interview the other party and witnesses. They may obtain an interim order immediately if they’re concerned that you need that protection. That means the Apprehended Violence Order is in place pending the determination of the court.
Step 2: The police serve the papers
The police will deliver your application and any interim order made to the person causing you trouble and inform them of when they need to appear in court.
Step 3: Attend court
When you attend court on the scheduled date, the Magistrate will consider whether you need the Apprehended Violence Order based on the situation.
The Magistrate can decide to issue the order under these circumstances:
If the person causing you trouble agrees to the Apprehended Violence Order through a Consent Order
In this scenario, the Magistrate can grant the Apprehended Violence Order if the person causing you trouble agrees to it without admitting fault. Your order will be issued on the same day.
If the person causing you trouble doesn’t agree to the Apprehended Violence Order
If the person causing you trouble disagrees, your case will be postponed for the Magistrate to assess if there is sufficient evidence for the order. The police and you will be required to provide written statements to the Court and defendant by a certain date. The defendant is likely to be required to give their statement in answer if they’re defending the Application. Your case will then be reviewed by the Magistrate to ensure both parties have followed the court’s instructions.
If, after hearing evidence and all witnesses are cross-examined in the witness box, the Magistrate believes there are reasonable fears for your safety
The Magistrate may choose to grant the Apprehended Violence Order if they find enough evidence to support your concerns.
If the person causing you trouble has been served but fails to appear in court
In such instances, the court may proceed with the case even if the person is not present.
On the day, the police will have the carriage of the case, and you’ll be assisted in court by a Police Prosecutor as well as the officer who has taken charge of your case. When you attend court, the Local Court of New South Wales will have a separate room for you so that you won’t have to encounter the other party while at the court. There will be other people at court that day with similar cases and they’ll have domestic violence case workers there as support.
Step 4: The Magistrate makes the Apprehended Violence Order
If the Magistrate finds grounds for the Apprehended Violence Order, the AVO will be issued with specific rules that the person who has caused you trouble must follow. These rules might include not contacting or coming near you, avoiding communicating with you through telephone, text message, or social media, and possibly attending counselling or anger management sessions as required by the court.
What do I do if the Apprehended Violence Order is breached?
If the person named in the AVO violates the orders, take immediate action by contacting the police on 000, documenting the breach, and seeking legal advice. Breaching the order is a crime. We can assist you with that matter.
It’s essential to prioritise your safety and well-being
If you’re experiencing any form of violence or harassment, please don’t hesitate to seek help from support services like 1800 RESPECT, consult with a lawyer, or call the police on 000 if you’re in immediate danger. Remember, you have the right to live free from fear and intimidation, and assistance is available to you.
