Defending an Apprehended Violence Order - Frequently Asked Questions

​Respo​​​nding to an Apprehended Violence Order 

1. I had a fight with my girlfriend and she went to the police. A couple of days later, they served me with an application for an Apprehended Violence Order. The application asks for Order 1. What does this mean?

Order 1 is on every Apprehended Violence Order (AVO). The orders listed in Order 1 are often called mandatory orders, standard orders or ‘Orders about behaviour’.

The mandatory orders say that you must not:

• assault or threaten your girlfriend
  
• stalk, harass or intimidate her
• intentionally or recklessly destroy or damage any property or harm an animal that belongs to your girlfriend or that is in her possession. 
  

This extends to anyone she has a domestic relationship with, such as her parents or children. 

These are orders don't require you to do anything that you wouldn't usually be expected to do.

Other orders are optional. The police can also ask for extra orders that are not listed on the application, if necessary.

For more information, see Mandatory and additional orders.

2. My partner and I had a fight and the police came to our house. I was served with an Apprehended Violence Order. I don't know why my partner needs an AVO. He is not scared of me at all. Why would he need an Apprehended Violence Order?

An Apprehended Violence Order (AVO) is made to protect a person from violent or intimidating behaviour.

For an application for an AVO to be successful, and a Final AVO made, the applicant needs to prove to the Court that:

• ​the protected person fears you, and
• that it is reasonable for the protected person to have that fear.

The applicant must prove these things on the balance of probabilities. This means that something is more likely than not to be true.

In domestic violence cases, the Court can make a final AVO even if the protected person doesn't actually fear you, provided there are reasonable grounds for them to fear you.

For more information, see Applying for an Apprehended Violence Order.

In this case, the Court will be limited to making the mandatory or standard orders.

For more information, see Responding to an application for an Apprehended Violence Order.

3. I have been having a long running dispute with my neighbour about where the boundary line is between our properties. I have been served with an application for an Apprehended Violence Order to protect him and we have to go to court next Tuesday for the mention. I am going to dispute it. Can the Court make an Apprehended Violence Order before the hearing?

If you don't consent (agree) to the Apprehended Personal Violence Order (APVO) being made at the mention, the Court will list the matter for hearing. Your neighbour can ask the Court may make an Interim APVO. This is a temporary order that protects your neighbour until the date of the hearing. 

For more information, see Provisional and Interim Apprehended Violence Orders.

The Court may ask your neighbour to provide reasons why they need the Interim APVO. You will be asked if you consent to the Interim APVO. If you don't, the Court may want you to give reasons why the Interim APVO should not be made.

If an Interim APVO is made against you, it has the same effect as a Final APVO. 

For more information, see Going to court.

For information about boundary disputes, see the Fences topic.

4. The police have served me with an application for an Apprehended Violence Order, naming my wife as the protected person. I don't agree with what the application says, but I just want to move on with my life and put it behind me. Should I just agree to the Apprehended Violence Order?

After you are served with an application for an Apprehended Violence Order (AVO), you have a number of options for responding.

You can agree to the AVO being made without agreeing with the facts that are alleged in the application. This is called 'consenting without admissions'.

If a Final AVO is made, it may have an impact on your:

• criminal history
• firearms licence
• security licence 
• ability to work with children
  
• rental property. 
  

For more information, see How to respond to an application for an Apprehended Violence Order and Consequences of an Apprehended Violence Order.

Before consenting to an AVO, you should get legal advice.

You should also be careful not to breach any of the orders in the AVO. If you do, you may be charged with a criminal offence.

For more information, see Consequences of breaching an Apprehended Violence Order.

5. I have been served with an application for an Apprehended Violence Order. The application was made by a co-worker. There are a lot of orders on the application. How do I tell which ones apply to me and what they mean?

For Apprehended Violence Orders (AVOS) made before 3 December 2016, applications usually show all the orders that are available to an applicant.

The orders described in Order 1, which are called the mandatory orders, or standard orders, are included in every AVO. Orders 2 to 11 are optional. The orders where the corresponding box is ticked or marked with an 'x' are the orders that the applicant wants in an application. The applicant may also have put a line through the additional orders they don't want.

For AVOs made after 3 December 2016, the mandatory orders are listed under the heading 'Orders about behaviour'.

There are also other orders that the Court can make including:

• Orders about contact
• Orders about family law and parenting
• Orders about where you cannot go
• Orders about weapons.

Only the orders that apply to you are written on your form. 

For an explanation of what each of the orders mean, see Mandatory and additional orders.

Going to court

1. The police served me with an application for an Apprehended Violence Order, naming my girlfriend as the protected person. The application says that there is a mention on next Tuesday. What is a mention and do I have to go?

A mention is the first time an application for an Apprehended Violence Order (AVO) will be in court. It gives you the chance to either agree to the AVO being made, or let the Court know that you want to defend it.

You must attend the mention. If you don't attend, the Court may make a Final AVO without hearing from you. The Court also has the power to issue a warrant for your arrest to be brought before the Court.

For more information, see Mention.

2. The police made an application for an Apprehended Violence Order against me, naming my girlfriend as the protected person. She told me she doesn't want to go through with it. Can she have it withdrawn at the mention?

Only the police can apply to have the application withdrawn. Your girlfriend can ask the police to withdraw the application, but they may not agree to.

For more information, see Mention.

3. My neighbour made a private application for an Apprehended Violence ​Order against me. A friend of mine said I should offer an undertaking if she agrees to withdraw the application. What is an undertaking?

An undertaking is a formal promise by you to the Court that you will not do certain things.

An undertaking is not the same as an Apprehended Violence Order (AVO). An undertaking is not legally enforceable but remains on the court record and the Court can take it into consideration if another application for an AVO is made.

For more information on undertakings, see How to respond to an application for an Apprehended Violence Order. 

4. The police made an application for an Apprehended Violence Order against me naming my son as the protected person. At the mention I did not consent to the Apprehended Violence Order. The Court then made orders that we both file and serve witness statements. We have both done this and have now been given a date for the hearing. Do I need to attend?

Yes. Even though you have filed and served your statement, you still need to give oral evidence in court.

At the hearing, the police prosecutor may cross-examine (question) you about the evidence in your statement, and you or your lawyer will be able to cross-examine any witnesses.

From 1 September 2021, in domestic violence criminal matters or related apprehended violence order proceedings where the Defendant is self-represented, the Defendant is not allowed to directly ask the applicant questions about their evidence in court. In this situation, the Court will appoint a suitable person to ask the questions on your behalf. Court appointed questioners are court staff.

If you don't go to the hearing, the Court may make a Final Apprehended Violence Order in your absence.

For more information, see Step by step: Preparing for the hearing.

5. A former friend of mine made a private application for an Apprehended Violence Order against me. I have to go to the mention next week. Will the Court want me to get written statements from my witnesses?

At the mention, the Court will want to know if the applicant still wants the Apprehended Violence Order (AVO). If the applicant still wants the AVO, the Court will then ask you how you want to respond to the application.

What happens next depends on what you want to do.

You will only need to get written statements from your witnesses if you don't consent (agree) to the AVO. The Court will then usually make directions (orders) for both of you to file and serve written statements. You will also be given another date to come back to court for a further mention, to make sure you have followed the directions.

For more information, see Mention.

6. I am worried that an Apprehended Violence Order will be made against me and I won't be able to go back home and get my stuff. What should I do?

You can ask the Court to make a Property Recovery Order. This order will allow you to go to your home and get your belongings without contravening any Apprehended Violence Order that is made. The Court may also order that the police or another person must go with you while you collect your property.

For more information, see Recovering personal property​.

7. At the mention, the Court ordered me and my husband, the applicant, to prepare witness statements. What information do I need to put in my statement?

Your witness statement must include all the evidence you want to give to the Court. You will not be able to give any more evidence at the hearing, unless you are given permission by the Court. You will only be able to be cross examined at the hearing (asked questions) by your husband or his lawyer (if he made a private application), or the police prosecutor (if the police applied on your husband's behalf).

For more information, including instructions on how to prepare your statement and to see a sample statement, see Written statements and evidence.

If you are not sure what to do, and you need more help, you should get legal advice.

After court 

1. The Court made an Apprehended Domestic Violence Order against me, protecting my ex-girlfriend. The order was made for two years and it expires in one month. The other day I was served with an Application to Vary or Revoke Apprehended Violence Order. She wants to extend it for two more years. Can she do this?

If the Apprehended Domestic Violence Order (ADVO) is about to expire and your ex-girlfriend still fears you, she or the police can apply to the Court for an extension of the ADVO.

For more information, see Varying (changing) or revoking (cancelling) an Apprehended Violence Order.

For more information, see Consequences of breaching an Apprehended Violence Order.

2. My neighbour applied for an Apprehended Personal Violence Order against me. The Court said that it would make the mandatory orders only, for 12 months. What does this mean?

Mandatory orders (standard orders) are the orders that all Apprehended Violence Orders (AVOs) must have. 

There are also additional orders that can be made to suit the needs of individual protected persons.

For more information, see Mandatory and additional orders.

The Court's decision to make the mandatory orders for a period of 12 months means that you must follow the orders for 12 months. If you do anything to breach the AVO within the 12 months you may be charged with the offence contravening the AVO. You may also be charged with another offence, for example stalking or intimidation. 

For more information, see Consequences of breaching an Apprehended Violence Order.

If you do any of the things you are restricted from doing after the 12 month period, you may still be committing a criminal offence, for example, if you assault your neighbour, but you will not be committing the specific offence of breaching an AVO unless the protected has applied for, and been granted, an extension of the AVO.

For more information, see Varying (changing) or revoking (cancelling) an Apprehended Violence Order.

3. The police made an application for an Apprehended Domestic Violence Order against me on behalf of my wife. I consented without admissions to the mandatory orders and an order that said that I was not to contact her except through her lawyer. Since then I have sent her a few text messages asking her to come back to me. All my messages have been polite and friendly. Am I breaching the Apprehended Domestic Violence Order?

If you contact your wife directly when the Apprehended Violence Order (AVO) says you can only contact her through her lawyer, you will be breaching the additional order in the AVO.

You may have also breached the mandatory orders in the AVO.

For more information, see Consequences of breaching an Apprehended Violence Order.

4. My wife made an application for an Apprehended Domestic Violence Order against me. The Court made the mandatory orders and an order that I not live at the family home. Since then I have received counselling for my anger issues and I feel like I have changed a lot. My wife would like for me to be able to come back home, but she still wants the Apprehended Domestic Violence Order. Can I get the Apprehended Domestic Violence Order changed so that I can move back home?

If the Apprehended Domestic Violence Order (ADVO) is varied so that it only includes the mandatory orders you and your wife can continue to live together. 

You or your wife can apply to vary (change) the ADVO. The police can also apply to vary an ADVO if they made the original application.

The Court will only make an order to vary the ADVO if there has been a change in circumstances.

For more information, see Varying (changing) or revoking (cancelling) an Apprehended Violence Order.

5. One year ago the Court made an Apprehended Personal Violence Order for six months against me after I consented without admissions to an application made by a co-worker. Now I want to apply for a firearms licence but I've heard I can't for 10 years after an Apprehended Violence Order is made against me. Is there anything I can do to reduce this time?

If a Final Apprehended Violence Order (AVO) is made against you, you must wait until 10 years after the date the Final AVO ends before you can apply for a firearms licence.

If an AVO is revoked, you can apply for a firearms licence before the 10 years is up. You can only apply to have an AVO revoked while it is still in force. 

For more information, see Varying (changing) or revoking (cancelling) an Apprehended Violence Order.

6. I am applying for a new job and my potential employer says that it will conduct a criminal record check on successful applicants. Will they find out that my former partner has an Apprehended Violence Order against me?

If an Apprehended Violence Order (AVO) is made it will appear on your criminal history but not your criminal record and won't appear in a criminal record check. However, if you breach the AVO and are convicted of this offence, the conviction will appear on your criminal record. 

If, in addition to the AVO you were also convicted of an offence, that conviction and any other convictions that you may have will come up in a criminal record check.

However, there are some jobs that you can't do if you have an AVO. 

For more information see Consequences of an Apprehended Violence Order. ​

7. My partner has a Final Apprehended Domestic Violence Order against me in NSW.  I heard he has now moved to another state. Can the Apprehended Domestic Violence Order made in NSW be enforced in another state?

If the Apprehended Domestic Violence Order (ADVO) was made in NSW after 25 November 2017 it is recognised and enforceable in any Australian state or territory. Your partner doesn't need to make a separate application to register the order.

If the ADVO was made before 25 November 2017, your partner may apply to any Local Court for the order to be declared and nationally recognised.  There is no requirement for the notice of the declaration to be served on you. 

For more information, see Interstate orders.

8. Can I apply to a NSW Local Court to vary a Domestic Violence Order made in Queensland?

If the order was made after 25 November 2017 it is nationally recognised. If you want to vary the order you can apply to any NSW Local Court.  If the Court decides to vary the Domestic Violence Order (DVO), it will replace the interstate order. 

If possible, it is a good idea to make the application in the state that made the original order as that court would have the most information.

If the order was made before 25 November 2017 you would need to apply to a Local Court in the state it was made unless the protected person applies to have it declared and nationally recognised.

For more information, see Varying (changing) or revoking (cancelling) an Apprehended Violence Order.

For more Frequently Asked Questions, see:

• Frequently Asked Questions
• Apprehended Violence Orders and Family Law – Frequently Asked Questions​.