After court - Protected person

If the Court makes a Final Apprehended Violence Order (AVO), there are a number of things you should consider.

Consequences of an Apprehended Violence Order

If the Court makes an Apprehended Violence Order, there may be consequences for you and the defendant that you should be aware of.

What to do if an Apprehended Violence Order is breached

The defendant will breach the Apprehended Violence Order (AVO) if they knowingly do something that the AVO says they can't do. 

It is a criminal offence to breach an AVO. 

If the defendant breaches the AVO, you should call the police and show them a copy of the orders.

From 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 (ADVO) made in NSW from this date.

You should keep a copy of the Final AVO. 

For more information, see What to do if an Apprehended Violence Order is breached.

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). 
  

From 25 November 2017 other states and territories can vary or revoke an Apprehended Domestic Violence Order (ADVO) made in NSW, and make a new Domestic Violence Order 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 you have a Final Apprehended Violence Order (AVO), which was made in another state, territory, or New Zealand, you can register it in NSW so that it has the same force and effect as an AVO made in NSW. 

If you have a Final AVO which was made in NSW, you may be able to register it in another state, territory, or New Zealand so that it has the same force and effect as an AVO made in that state, territory or 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 (ADVO) made in NSW from this date. 

Apprehended Personal Violence Orders (APVOs) are not nationally recognised and enforceable. You must register an APVO interstate to have it recognised. 

For more information, see Interstate orders.

Annulment application

If your application for an Apprehended Violence Order (AVO) is dismissed and you didn't go to court, you can apply to have the decision annulled (cancelled) within two years of the date of this order. Your application for annulment will be heard by the same court that dismissed your application. 

If the decision is cancelled this means you will be back in the position as you were when the application for an AVO was served. 

If a Final AVO was made when the defendant was not in court, the defendant can apply to have the AVO annulled. If the defendant applies to annul the AVO, you will be notified by the Court.

For more information, see Application for annulment. 

A​​​​ppealing the decision

If you are unhappy with the decision of the Local Court, you may be able to appeal to the District Court within 28 days, or three months with leave (permission) of the Court.

You may be able to appeal if the Court:

• dismisses your application for an Apprehended Violence Order (AVO)
• makes a costs order against you
• dismisses your Annulment Application
• varies or revokes the AVO
• dismisses your application to vary the AVO. 

If a Final AVO is made, the defendant may appeal to the District Court. 

Before appealing a decision, you should get legal advice.

For more information, see Appealing the decision - Protected Person.