Updated July 2026
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.
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, or your family, from violence, threats, stalking, intimidation, or harassment.
An AVO is a protective order. The making of an AVO does not, by itself, give the person you’re protected from a criminal conviction or criminal record. However, breaching an AVO is a criminal offence.
This guide explains the different types of AVOs available in New South Wales, the process of applying for an AVO, and what to expect during the NSW Local Court process.
If you or your children are in immediate danger, call Triple Zero (000).
What are the types of AVOs?
There are two types of AVOs in NSW:
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.
An ADVO made after 25 November 2017 is recognised and enforceable in any Australian State or Territory. If there is an ADVO in place for your protection that was made before this date, it is recognised and enforceable in the State or Territory where it was made and any State or Territory where it has been registered.
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.
An APVO is recognised and enforceable in the State or Territory where it was made and any State or Territory where it has been registered.
Provisional and Interim AVO’s
If you need immediate or temporary protection, there may be options to seek a temporary AVO, such as a provisional AVO if police are applying on your behalf, or an interim AVO if you are making a private application.
Provisional AVO
A provisional AVO provides urgent, temporary protection before the application first comes before the Court.
Only police may apply for a provisional AVO. It may be made by a Judge or a senior police officer and must be served on the defendant before it can be enforced.
At the first court date, the Court may revoke the provisional order or make an interim or final AVO. If the Court does not otherwise deal with it, the provisional AVO will generally become an interim AVO.
Interim AVO
An interim AVO is a temporary order made by a Judge while the application for a final AVO remains unresolved.
The Court may make an interim AVO if it considers that doing so is necessary or appropriate. In certain circumstances, an interim AVO may be made even if the defendant is not present.
What are the grounds for an AVO in NSW?
You can apply for an AVO to protect you if you have experienced:
- Physical violence, including sexual abuse;
- Threats of physical violence;
- Intimidation, including harassment and stalking;
- Someone damaging your property/belongings, or threatening to damage your property/belongings;
- Harm, or threatened to harm, to your animals;
- Other forms of non-physical domestic abuse, such as:
- coercively controlling behaviour;
- financial or economic abuse;
- technology-facilitated abuse;
- isolating a person from family, friends or services;
- monitoring or controlling a person’s movements or communications; and
- conduct that causes a child to hear, witness or otherwise experience the effects of domestic abuse.
Since 1 July 2024, it has also been a criminal offence in NSW for an adult to intentionally engage in a course of abusive conduct intended to coerce or control a current or former intimate partner. Further information is available from the NSW Government’s guide to coercive control laws.
A Judge may make an AVO where they are satisfied that you are scared or fearful that the person you’re seeking protection from will commit a domestic or personal violence offence against you, harass you, intimidate you, or stalk you.
How to get an AVO in NSW: Application process
Step 1: Applying for an AVO
Most AVO applications are made by NSW Police. However, a person aged 16 or older may apply privately through the Local Court. Only police can apply for an AVO if the only person in need of protection is under 16.
Police applications
If you are experiencing violence or fear for your safety, you can contact police or attend your local police station. If the matter is not urgent, you can also contact the Police Assistance Line.
Police will assess the circumstances and may take a statement, obtain photographs or other records, speak to witnesses and investigate any possible criminal offences.
In a police application:
- the police officer is the applicant;
- the protected person is not responsible for running the case;
- a police prosecutor ordinarily conducts the application in court; and
- police arrange for the application and any provisional order to be served on the defendant.
Because police are the applicant, decisions about the conduct of the application are ultimately made by police, although the protected person’s views and safety concerns are taken into consideration.
Private applications
If police do not apply for an AVO, or you otherwise wish to bring your own application, you may contact your nearest NSW Local Court registry.
The registry will explain the applicable procedure and assist with the application form. Registry staff cannot provide legal advice.
A private applicant is responsible for preparing their evidence and conducting the application, either personally or through a lawyer.
In a private application, there may be a limited risk of a costs order, particularly if the application is found to be frivolous or vexatious.
If you are considering making a private application for an AVO, it is recommended that you get some legal advice before doing so. You can request a call back from our friendly team by filling out the form below, or call us directly
Step 2: The defendant is served
After you, or the police, have completed the AVO application and you have signed it, it must then be given (the legal term being ‘served’) to the person you’re wanting protection from (called ‘the defendant’).
AVO applications must be served by:
- the police, or
- another person nominated by the court or a registrar.
Step 3: The first mention
The first court date is usually a mention. If you have applied privately for the AVO, you must attend each court date. If police have applied on your behalf, you should confirm with the officer in charge or police prosecutor whether you are required to attend the first mention.
When you attend court, the Local Court will have a separate room for you so that you won’t have to encounter the other party while at the court. There are services at most NSW Local Courts that can help you with information and support, and if you’re a private applicant, they may help you get legal representation.
The defendant must attend Court in person on the first-mentioned date for the AVO application, unless they have a lawyer.
At the mention, the Judge will want to know how the defendant wants to respond to the application.
If the defendant agrees to a final AVO, the Judge may make the order that day.
Step 4: Directions are made for evidence
If the defendant does not agree to a final AVO, the Judge will usually make a timetable requiring the parties to prepare and exchange written statements and other evidence.
The application is then listed for a compliance mention so the Judge can confirm that the directions have been followed and that the matter is ready for hearing.
Where related criminal charges have also been brought, the charges and AVO application will generally be managed together.
Step 5: The hearing
The purpose of the hearing is for the Judge to decide whether or not to make a final AVO. At the hearing, the Judge will consider the written and oral evidence. You, the defendant, and any witnesses may be cross-examined about their evidence.
The Judge then decides whether the grounds for a final AVO have been established.
If the defendant does not attend, the Court may hear and determine the application in their absence if satisfied that the relevant service and notice requirements have been met.
Getting legal advice
Every AVO matter is different. The appropriate application, evidence and conditions will depend on the nature of your relationship with the person you want protection from, the alleged conduct, the level of risk, the involvement of children and any existing family law orders.
Our team of family lawyers can advise you about an AVO and how it may interact with parenting arrangements, property settlements and other family law proceedings.
FAQ’s
What conditions can be included in an AVO?
Every AVO contains mandatory conditions prohibiting the defendant from:
- assaulting or threatening the protected person;
- stalking, harassing or intimidating the protected person;
- intentionally or recklessly damaging the protected person’s property; and
- intentionally or recklessly harming an animal belonging to or in the possession of the protected person or a person with whom they have a domestic relationship.
Depending on the circumstances, additional conditions can be included in AVO’s which prohibit the defendant from:
- contacting the protected person;
- approaching or being in the company of the protected person;
- approaching the protected person within a specified period after consuming alcohol or illicit drugs;
- living at or entering the protected person’s home;
- going near the protected person’s workplace, school or other specified places; or
- attempting to locate the protected person.
The Court must ensure that the conditions imposed are no more restrictive than necessary to protect the protected person, affected children and relevant property.
How do AVOs interact with parenting orders?
An AVO does not determine final parenting arrangements. However, its conditions may affect communication, changeovers and the time a child spends with a parent.
The Local Court must consider relevant parenting orders when making or varying an AVO that may affect a child. In some circumstances, it may also exercise powers under the Family Law Act 1975 to vary, suspend or revive an existing parenting order.
The interaction between AVO conditions and parenting orders can be complex. A person should not assume that an informal agreement permits contact prohibited by an AVO. Legal advice should be obtained where the orders appear inconsistent or make parenting arrangements difficult to implement.
How can I recover my personal belongings?
A property recovery order may be available where either the protected person or defendant has left personal belongings at premises occupied by the other party.
A property recovery order can only be made in connection with a provisional, interim or final ADVO. It is not available as a general property settlement order and does not determine the ownership of disputed assets.
The order may:
- identify the personal belongings to be collected;
- permit access to specified premises;
- require the occupier to allow access;
- provide for the collection to occur at a time arranged with police; and
- require or permit a police officer or another specified person to accompany the person collecting the belongings.
A property recovery order does not authorise entry by force or allow a person to take property they do not own or have a legal right to possess.
A person seeking an order should prepare a clear list of the belongings required and inform the Court about any existing or pending family law property orders. The current application form is available from the NSW Local Court.
What support is available at court?
Operational Local Court locations have a dedicated safe room, safe waiting area or another safety arrangement for domestic and family violence matters.
If you are concerned about encountering the defendant, contact the Court registry or a support service before the court date. Court staff and support workers can explain the available safety arrangements. These arrangements reduce the risk of contact but cannot guarantee that the parties will not encounter one another.
Women and their children may obtain information, advocacy, safety planning and court support from a Women’s Domestic Violence Court Advocacy Service.
Legal information and referral services include:
- LawAccess NSW;
- Legal Aid NSW;
- Women’s Legal Service NSW; and
- the NSW Government’s consolidated list of domestic violence legal and support services.
National counselling and support are also available through 1800RESPECT.
How long does an AVO last?
The Court determines how long a final AVO should remain in force, having regard to the safety and protection of the protected person.
If the Court does not specify a period:
- an APVO ordinarily remains in force for 12 months;
- an ADVO ordinarily remains in force for two years where the defendant is an adult; and
- an ADVO ordinarily remains in force for one year where the defendant is under 18.
In circumstances involving a significant and ongoing risk of death or serious physical or psychological harm, the Court may make an ADVO for an indefinite period.
An interim AVO generally remains in force until it is revoked, a final order is made, or the underlying application is withdrawn or dismissed.
A final or interim AVO may be varied, revoked or extended by the Court. If an extension is required, the application should be made before the AVO expires.
ADVOs made in NSW are also generally recognised and enforceable throughout Australia under the National Domestic Violence Order Scheme.
What should I do if an AVO is breached?
The defendant must comply with every condition of the AVO unless and until the Court changes it or revokes it. An informal agreement or invitation from the protected person does not change the conditions of the AVO.
If you believe the defendant has breached an AVO:
- call Triple Zero (000) if you or another person is in immediate danger;
- otherwise report the breach to NSW Police;
- keep relevant messages, photographs, recordings or other evidence where it is safe to do so; and
- obtain legal advice if the breach affects parenting arrangements or other Court orders.
Breaching an enforceable AVO is a criminal offence and can result in a fine, imprisonment or both.
