Apprehended Violence Orders (AVO, ADVO, and FVO)
Protective Orders That May Affect Your Freedom and Future
AVOs, ADVOs, and FVOs are all designed to protect individuals from harm, but they may apply in different circumstances. Here’s what you need to know:
- AVO vs. ADVO vs. FVO: While AVOs cover all forms of violence, ADVOs and FVOs are specifically aimed at protecting individuals from domestic violence. The terms ADVO and FVO are often used interchangeably, with FVOs being a variation of ADVOs within family violence contexts.
- Police Involvement: Police-issued AVOs or FVOs are typically made when there are serious concerns for a person’s safety, even if they do not want an order. Private applications for AVOs and ADVOs can be made by the person seeking protection.
- Misuse of Orders: AVOs and ADVOs may be misused in situations like family disputes, retaliation, or visa applications, which can complicate legal proceedings.
If you are facing an AVO, ADVO, or FVO charge or need legal assistance in these matters, Brightstone Defence Criminal Lawyers are here to provide professional legal guidance and protect your rights.
In NSW, AVOs are governed by the Crimes (Domestic and Personal Violence) Act 2007 (NSW). In the ACT, they are known as Family Violence Orders (FVOs) or Personal Protection Orders (PPOs) under the Family Violence Act 2016 (ACT) and Personal Violence Act 2016 (ACT).
These orders are not criminal charges themselves, but breaching an AVO is a criminal offence that may result in arrest, prosecution and a criminal record.
Elements the Prosecution Must Prove
To obtain an AVO, police (or the applicant) must prove to the court:
- The protected person fears future violence, intimidation, or stalking by the defendant
- That fear is based on reasonable grounds
- The order is necessary to ensure the safety and wellbeing of the protected person
For a Family Violence Order in the ACT, evidence of a family violence incident is also required.
Possible Defences
You have the right to challenge an AVO application. Common defences include:
- Lack of evidence supporting the applicant’s fears
- False or exaggerated claims made for tactical advantage (e.g. in family law disputes)
- No reasonable basis for fear, especially if no prior incidents occurred
- Procedural errors in how the AVO was applied for or served
We may also negotiate an undertaking in place of a court order where appropriate.
Potential Penalties
While the AVO itself is civil in nature, breaching its conditions is a criminal offence:
- NSW: Up to 2 years imprisonment and/or a fine of 50 penalty units (Section 14, Crimes (Domestic and Personal Violence) Act 2007)
- ACT: Up to 5 years imprisonment for repeated or serious breaches (Section 90, Family Violence Act 2016)
A breach can be alleged even for indirect contact or communication through a third party.
Legal Process
& Options
AVO matters are usually heard in the Local Court (NSW) or Magistrates Court (ACT). Interim orders may be made quickly based on police applications, with a later hearing to decide if a final order is justified. You will have the opportunity to consent, contest, or negotiate the terms of the order.
Pleading
Not Guilty
Disputing the Order
If you believe the order is unjustified, you can contest it. In such cases, a hearing will take place where evidence and witnesses will be presented. The court will then decide whether the order should be granted or dismissed.
Pleading
Guilty
Accepting the Order
If you do not dispute the order, the court may issue the AVO, ADVO, or FVO after a brief hearing. The order will include conditions designed to protect the individual seeking protection. By accepting the order, you agree to comply with the conditions set by the court.
We provide legal representation in all types of AVO matters, including defending against false or exaggerated claims, negotiating undertakings as an alternative to orders, and applying to change or revoke existing AVOs. Whether you are the defendant or the protected person, we can assist at every stage.
Yes. AVOs may seem straightforward but often involve complex issues, such as cross-examination, evidence admissibility, and long-term consequences. Our NSW criminal defence team can guide you through the process and ensure your rights are protected.
Breaching any condition of an AVO is a criminal offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Police may arrest and charge you, and penalties include fines, criminal records, or imprisonment. Always get legal advice before contacting the protected person.
Possibly. However, some AVOs restrict contact with children. The terms of the order and any family court orders will determine this.
An ADVO applies in NSW where there is a domestic relationship. An FVO applies in the ACT and refers to a similar order under ACT law.
Yes. You ahave the right to challenge or oppose an AVO in a defended hearing. You should seek advice from an experienced AVO defence lawyer who can assess the police evidence and present your case clearly in court.
Yes. While not a conviction, it may impact occupations involving vulnerable people (e.g. teaching, healthcare) or immigration status.
No, it is a civil order. However, breaching it is a criminal offence.
We provide legal representation in all types of AVO matters, including defending against false or exaggerated claims, negotiating undertakings as an alternative to orders, and applying to change or revoke existing AVOs. Whether you are the defendant or the protected person, we can assist at every stage.
Yes. AVOs may seem straightforward but often involve complex issues, such as cross-examination, evidence admissibility, and long-term consequences. Our NSW criminal defence team can guide you through the process and ensure your rights are protected.
Breaching any condition of an AVO is a criminal offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Police may arrest and charge you, and penalties include fines, criminal records, or imprisonment. Always get legal advice before contacting the protected person.
Possibly. However, some AVOs restrict contact with children. The terms of the order and any family court orders will determine this.
An ADVO applies in NSW where there is a domestic relationship. An FVO applies in the ACT and refers to a similar order under ACT law.
Yes. You ahave the right to challenge or oppose an AVO in a defended hearing. You should seek advice from an experienced AVO defence lawyer who can assess the police evidence and present your case clearly in court.
Yes. While not a conviction, it may impact occupations involving vulnerable people (e.g. teaching, healthcare) or immigration status.
No, it is a civil order. However, breaching it is a criminal offence.
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