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 Apprehended Violence Order (AVO) against you, there may be consequences that you should be aware of.
For more information, see
Consequences of an Apprehended Violence Order.
Consequences of breaching an Apprehended Violence Order
You will breach your Apprehended Violence Order (AVO) if you knowingly do something that the AVO says you are not allowed to do.
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 made on or after
this date in other Australian states and territories. Other states and
territories can also enforce an Apprehended Domestic Violence Order made in NSW from this date.
For more information, see
Consequences of breaching an Apprehended Violence Order.
Varying (changing) or revoking (cancelling) an Apprehended Violence Order
After a Final Apprehended Violence Order (AVO) is made, it can be:
- varied (changed), or
- revoked (cancelled).
An AVO can varied (changed) to:
- extend the duration of the AVO
- reduce the duration of the AVO
- add orders
- delete orders
- amend (change) orders.
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 Varying (changing) or revoking (cancelling) an Apprehended Violence Order.
Interstate orders
If a Final Apprehended Violence Order (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 DVOs made on or after this date in other
Australian states and territories. Other states and territories can also
enforce an Apprehended Domestic Violence Order made in NSW from this date.
Apprehended Personal
Violence Orders are not nationally recognised and enforceable. They must be registered interstate to be recognised.
For more information, see
Interstate orders.
Application for Annulment
If a Final Apprehended Violence Order (AVO) is made against you when you are not in court, you can apply to have it annulled (cancelled) within two years of the date of the order. Your application for annulment will be heard by the same court that made the AVO.
If the decision is cancelled the Court will re-hear the application for an AVO, either immediately or at a later date. You must be ready to respond to the application for an AVO straight after the Court grants you an annulment. If the Court decides to re-hear the application for an AVO on another day, it will notify the police or protected person of this date.
If the application was dismissed because the applicant or protected person didn't attend court, the applicant can apply to annul the decision.
If the applicant applies to annul the decision, you will be notified by the Court.
For more information, see Application for Annulment.
Appeals
If a Final Apprehended Violence Order (AVO) is made you may be able to appeal the decision to the District Court within 28 days.
You may also file an appeal if:
- a costs order is made against you
- the AVO is varied
- the Court dismisses your application to vary or revoke the AVO.
You will need to complete a Notice of Appeal to the District Court form and pay the fee. The current fee is $121.00 (as at 1 July 2020).
You can get a copy of the form from:
- your Local Court
- the Forms page on the Local Court website.
Appealing the Court's decision to make an AVO doesn't automatically stay (stop) the operation of the AVO. You can apply to the Court for an order to stay the AVO. The Court will only make an order if it will not affect the safety of the protected person or any other person.
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 the application is dismissed, the applicant may appeal to the District Court within 28 days. You should be notified of any appeal.