Apprehended violence orders (AVOs) and family violence orders (FVOs) are legal tools designed to protect individuals from violence, threats, harassment, or intimidation. Although their names and specific procedures vary across jurisdictions, their purpose is the same: to prevent further harm. In New South Wales (NSW), AVOs include Apprehended Domestic Violence Orders (ADVOs). In the Australian Capital Territory (ACT), similar protection is offered through Family Violence Orders (FVOs). Understanding the distinctions and consequences of these orders is essential, especially when breaches can lead to criminal prosecution.
What Is an AVO?
An Apprehended Violence Order (AVO) is a court-issued civil order made to protect someone from violence, threats or harassment. While AVOs themselves are not criminal charges, breaching their terms is a criminal offence. AVOs are typically made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
In NSW, AVOs fall into two categories:
- ADVO (Apprehended Domestic Violence Order)
Applies when the parties are in a domestic or family relationship, including partners, spouses, relatives or housemates. - APVO (Apprehended Personal Violence Order)
Applies where the people involved are not in a domestic relationship, such as neighbours or acquaintances.
What Is an FVO?
In the Australian Capital Territory, similar protection is available through a Family Violence Order (FVO) under the Family Violence Act 2016 (ACT). An FVO may be issued to protect someone from a current or former partner, family member or someone they live with.
FVOs may include conditions to:
- Prevent contact with the protected person
- Restrict access to specific locations
- Prohibit intimidation or surveillance
While the ACT and NSW differ in terminology and procedure, the breach of either an AVO or FVO is treated seriously and can result in criminal charges.
Police-Issued Orders
In both NSW and ACT, police may issue provisional protection orders immediately after an incident. These temporary orders take effect instantly and remain in force until a court hearing. The police may proceed even without the protected person’s formal request, particularly where there is a risk of harm.
Conditions imposed can include:
- No contact with the protected person
- Avoiding certain places
- No harassment, intimidation or threats
These orders aim to prevent further harm but can significantly affect a person’s ability to maintain contact with their family or children.
Private Applications for Protection Orders
An individual may also apply directly to the Local Court (NSW) or Magistrates Court (ACT) for a protection order. In NSW, this is typically an AVO; in the ACT, an FVO.
The applicant must show they fear violence or threats and that the fear is reasonable. Supporting evidence strengthens the application.
Privately applied orders are common in situations involving ongoing disputes, relationship breakdowns or when police choose not to intervene.
Breach of AVO or FVO: Serious Criminal Consequences
While AVOs and FVOs are civil in nature, breaching the terms of any such order is a criminal offence. This includes any intentional or reckless behaviour that violates a condition, such as:
- Contacting the protected person directly or indirectly
- Visiting restricted locations
- Sending messages, even via social media
Penalties for breach include:
- Criminal charges
- Fines
- Imprisonment
- A lasting criminal record
It is vital to fully understand the order and seek legal advice immediately.
Criminal Charges Often Follow Protection Orders
AVOs and FVOs are frequently issued alongside criminal charges, particularly in cases involving domestic violence, assault, intimidation or property damage. The existence of a protection order may affect police investigations, court bail conditions and sentencing decisions.
Having a legal representative early in the process can make a significant difference in how your matter is handled.
Why You Need Immediate Legal Help
AVO and FVO proceedings are urgent and time-sensitive. You need timely legal advice to:
- Respond to or challenge a protection order
- Negotiate the terms of an order
- Defend against breach charges
- Protect your rights in related family or criminal law proceedings
At Brightstone Defence, we understand the stress and complexity of protection orders and criminal allegations. We act quickly to defend your legal rights and provide a strong voice in court.
Frequently Asked Questions (FAQ)
- What is the difference between AVO, ADVO and FVO?
AVO is a general term used in NSW. ADVO is an AVO involving domestic relationships. FVO is used in the ACT for family violence cases.
- Is breaching a protection order a criminal offence?
Yes. Breaching an AVO or FVO can lead to arrest, charges, and imprisonment.
- Can I apply to change or challenge an order?
Yes. You have the right to contest the order or apply to vary it. Seek legal advice before taking any steps.
- Will the existence of an AVO or FVO appear on my criminal record?
The order itself is not a conviction. However, breaching the order results in a criminal record.
- What if I was wrongly accused?
You should contact a lawyer immediately to prepare your defence and gather relevant evidence.
Contact Brightstone Defence
If you have been served with an AVO, ADVO or FVO, or if you are facing breach charges or domestic violence allegations, contact Brightstone Defence immediately. Our experienced lawyers are here to provide confidential legal support, challenge unfounded orders, and ensure your rights are protected.
Disclaimer: The information above is general and for informational purposes only. Please seek advice from a qualified lawyer regarding your specific circumstances.
