An Apprehended Violence Order (AVO) in NSW Australia is a court document that is meant to protect a person from violence or harassment from another person. An AVO is usually taken when there is domestic abuse but can also be used to protect a person from neighbours, friends, family members or any other person that one might have a genuine reason to feel at risk from.

In NSW an AVO is either taken by the police for the person feeling at risk especially from domestic violence or a person can apply through the court themselves.  Most domestic violence related AVOs are usually taken by the police on behalf of the people at risk while the other types are usually applied for by the individual at risk. Once the application for an AVO reaches the court, the applicant is given a hearing date and the defendant is also served with the necessary documents indicating the hearing date of the issue. 

During the hearing, the defendant can either accept the terms of the AVO or decide to challenge the application.

Accepting the application does not mean that the defendant has accepted the allegations made in the AVO, but it only means the defendant has accepted to abide by the restrictions and conditions set on the AVO.  Some of the common restrictions in NSW include ceasing contact with the person being protected, changing residence, not coming within a determined distance of the person being protected and also staying away from other people mentioned in the AVO such as children of the person being protected.  The accepting defendant is also required to hand in any firearms they have in their possession.  In NSW the defendant is also restricted from having a firearm for ten years after the AVO ends.

If the matter is concluded with the defendant accepting the terms of the AVO then it remains effective for a maximum of two years provided the defendant does not breach the agreements on the AVO.  After which the court decides the matter as settled. However, in case the defendant challenges the AVO during the hearing, the courts sets another date for the second hearing during which both parties present their evidences and the court rules.

The other way of getting an AVO is applying privately which requires you to have legal knowledge of the process. This is why it is always advisable to hire a competent lawyer who understands and knows what is an AVO in NSW.

Chatswood Law provides the relevant legal advice on how to go about the entire process including defending an AVO. We’ll also represent you in  in court.  This applies both for the applicant and defendant since the process can be complicated.  To see how we can help you with your particular situation, call us now on 02 9449 1967 for an obligation free discussion.