If the court makes a Final Apprehended Violence Order (AVO), there are a number of things you should consider:
If the court makes a Final AVO against you, it may affect your:
- firearms licence
- security licence
- ability to work with children
For more information, see
Consequences of an Apprehended Violence Order.
Consequences of breaching an AVO
If an AVO is made you cannot do any of the things that the AVO restricts you from doing, for the length of time specified in the AVO. If you breach any of the orders, you may be arrested and charged with a criminal offence.
As of 25 November
2017, NSW Police can enforce Domestic Violence Orders (DVOs) made on or after
this date in other Australian states and territories. Other states and
territories can also enforce an ADVO made in NSW from this date.
For more information, see
Consequences of breaching an Apprehended Violence Order.
Extensions, revocations and variations
Final AVOs end on a date set by the court. If you think that the Final AVO is no longer necessary because of a change in circumstances, you can apply to the court to reduce (shorten) the AVO.
You or the protected person (or applicant) can also apply to vary (change) the orders in the AVO or have it revoke (cancelled).
As of 25 November
2017,other states and territories will also be able to vary or revoke a
Domestic Violence Order (DVO) made in NSW, and make a new DVO for the same
parties. A Local Court in NSW can also vary or revoke orders made in other states
and territories.
For more information, see
Extensions, revocations and variations.
Interstate orders
If a Final AVO is made against you in another state or territory, or in New Zealand, the protected person can register it in NSW.
If a Final AVO is made against you in NSW, the protected person may be able to register it in another state or territory, or in New Zealand.
From 25 November 2017
all Domestic Violence
Orders (DVOs) are now automatically recognised and enforceable. This means that
NSW Police can
enforce Domestic Violence Orders (DVOs) made on or after this date in other
Australian states and territories. Other states and territories can also
enforce an ADVO made in NSW from this date.
Apprehended Personal
Violence Orders are not nationally recognised and enforceable and you must
register it interstate to have it recognised.
For more information, see
Interstate orders.
Application for Annulment
If a Final AVO is made when you are not in court you can apply to have it annulled (cancelled) within 2 years of the date of the order being made.
If the AVO is annulled this means you will be back in the same position as you were when you were served with the application for an AVO. This means that you will have to attend court again on another date if the protected person or the police still believe that the AVO is necessary.
For more information, see Application for annulment.
Appeals
If a Final AVO is made you may be able to appeal the decision to the District Court within 28 days. You will need to complete a 'Notice of Appeal to the District Court' form and pay a fee of $115.00 (as at 1 July 2017).
If you consented to the Final AVO and now wish to appeal the order, you will need to seek leave (get permission) to appeal. Before filing an appeal you should get
legal advice.
If a Final AVO is not made, the applicant may also appeal to the District Court within 28 days. You should be notified of any appeal.
Victims Support Scheme
If the protected person claims to be a victim of an act of violence, such as domestic violence, they may be entitled to financial assistance and/or a recognition payment under the Victims Support Scheme.
Financial assistance may be given for injuries that are either physical or psychological.
If you are convicted of an offence that led to the victim's injury, restitution action may be taken by Victims Services to recover that money from you. You may be ordered to pay back all or some of the money paid to the victim.
If you are asked to pay restitution or you receive a Provisional Order, you should get
legal advice.