The National Domestic Violence Orders Scheme (NDVOS) recognises and enforces Domestic Violence Orders (DVOs) in Australia. Although a DVO is automatically recognised and enforceable across Australia, state and territory laws for protecting victims may differ. In NSW, it a DVO is called Apprehended Violence Orders (AVO).
The defendant must follow the AVO. You can contact the police to help you apply for an AVO. Moreover, you can apply for an AVO through your local court.
1. Apprehended Domestic Violence Order (ADVO)
An ADVO is made where the people involved are related, living together or in an intimate relationship, or have previously been in this situation. In the case of Aboriginal or Torres Strait Islander people, ADVOs can also be made where the people involved are part of the kin or extended family of the other person.
ADVOs are also available to people who are or have been in a dependent care arrangement with another person, including an arrangement with a paid or unpaid carer. However, the ADVO is only available for the person being cared for not the carer. People living in the same residential facility can also have an ADVO.
ADVOs are now automatically recognised in all Australian states and territories.
2. Apprehended Personal Violence Order (APVO)
An APVO is made where the people involved are not related and do not have a domestic relationship, for example, they are neighbours or work together.
If the NSW Police apply for the APVO or ADVO on your behalf, then you will not need to seek legal assistance by way of a lawyer. However, if you are applying for an APVO or ADVO independently, it is advised to seek legal assistance.
Although you can represent yourself, having a legal professional represent you would be advantageous. If you cannot afford legal representation, you can apply for Legal Aid.
You or the police can ask the Court to make a temporary AVO to protect you until the next court date. The magistrate may need to hear some evidence from you to make an Interim AVO.
If the defendant has been served with the AVO application but does not come to court without a good reason, the Court can make an AVO in their absence. Sometimes the police are not able to serve the defendant with the application by the time you first go to court. If this happens, your case will be postponed to give the police more time to serve the defendant with the application.
If the defendant does not consent to the AVO, your case will be adjourned (postponed) for a hearing. The Court may also decide to make a temporary AVO to protect you until the hearing. This is called an Interim AVO.
A hearing is when the magistrate listens to the evidence and decides if an AVO should be made. If your matter is adjourned for hearing, you may be told by the magistrate to give written statements to the Court by a certain date.
Your matter will usually be listed for another court date to see if both you and the defendant have done the statements. If the police applied for the AVO for you, they will be preparing the statements. When both you and the defendant have given the Court your written statements the matter should be listed for a hearing.
It is important that you attend court for the hearing. If you do not attend, the AVO application may be dismissed. However, if the defendant does not attend court, the AVO may be made without them.
These conditions prohibit (stop) the defendant from:
Extra conditions may be included in the AVO stopping the defendant from:
If the defendant does something that the AVO says they must not do, they may be charged with a criminal offence. This is called a breach of the AVO.
You should always keep a copy of your AVO with you. If you have children, think about also giving a copy of the AVO to their school. You should make a report to police if the defendant breaches any of the conditions listed on the AVO.
The standard length for an ADVO is 2 years. The Court can also make an AVO for an unlimited time in some situations.
If there is a change of circumstances, you or sometimes the police on your behalf, can apply to the Local Court to have the AVO changed or cancelled. This is called a variation.
If the Protected Person, or one of the Protected Persons on the AVO is a child, the parent must get permission from the Court to apply to vary the AVO.
For more information about Apprehended Violence Orders in NSW, or if you’re considering applying for an AVO, you can visit the Local Court of NSW. Read our other articles for information about DVOs for different states and territories:
