Article overview:
- What is AVO?
- Who can apply for an AVO?
- What happens if an AVO is breached?
In many of the cases we’ve handled, clients often find themselves in a state of “seeming calm on the surface, yet living in constant fear every day.” One client shared that her ex-partner continued sending threatening texts after their breakup, appeared outside her residence late at night, and even declared, “You’ll pay for this sooner or later.” Though no physical harm occurred, these persistent threats left her nearly sleepless every night, too afraid to go out alone. Such situations, in fact, are not uncommon.
If you’re experiencing frightening situations like being followed or repeatedly harassed, New South Wales law has a provision to protect you from such dangers: the Apprehended Violence Order (AVO). Simply put, it’s a “personal safety order” issued by the court or police to both parties, specifying actions the other person must not take, places they must not approach, and so on. Next, we’ll guide you through what you need to know about AVOs.
What is AVO?
An AVO is a court-issued legal order designed to protect individuals from actual or potential violence, threats, or harassment by restricting the behavior of the respondent (the party subject to the AVO). Legally, AVOs fall into two categories:
ADVO（Apprehended Domestic Violence Order）
Applicable to acts of violence or threats within family relationships, such as between spouses, former spouses, cohabiting partners, family members, or other individuals residing together. The purpose of an ADVO is to prevent the escalation of domestic violence while providing legal protection for victims.
APVO（Apprehended Personal Violence Order）
Applicable to non-family relationships, such as neighborhood disputes, harassment by acquaintances, or stalking by strangers. The APVO safeguards public safety and prevents the petitioner from being harmed due to conflict or harassment.
All AVOs include certain standard mandatory conditions, which at a minimum prohibit the following behaviors:
- Violence or threats of violence
- Harassment, intimidation, or stalking
- Intentional or reckless destruction of the protected person’s property or harm to their pets or other “possessions or things in their possession”
Additionally, an AVO may include extra conditions, such as prohibiting the other party from contacting you, approaching your residence or workplace, approaching you while under the influence of alcohol or specific drugs, or approaching you while carrying weapons.
Simply put, an AVO acts as a “behavioral red line”—the subject is told: “You cannot do these things, or you will be breaking the law.” Although an AVO is a civil order issued by the court to restrict the subject’s behavior, violating its terms carries criminal penalties. The core purpose of this approach is to ensure the protected person’s physical safety and peace of mind.
Who can apply for an AVO?
The victim themselves: You may apply to the court through a solicitor. (You may also apply directly to the court, but solicitor assistance increases the likelihood of obtaining an AVO.)
- You are aged 16 or over, and
- You have suffered physical or sexual assault, threats of physical harm, stalking, harassment, or intimidation, and believe this behavior will continue.
Police: In urgent situations, police can apply for a temporary AVO on behalf of the victim to provide immediate protection.
- This includes cases involving minors under 16; minors are advised to prioritize seeking police assistance.
- Most AVO applications in New South Wales are filed by police on behalf of the protected person.
If you feel “imminent danger,” such as the perpetrator loitering outside or sending threatening messages, you should call the police immediately. Upon arrival, officers can issue a temporary protection order that takes effect immediately, prohibiting the perpetrator from approaching you, continuing to send threatening messages, or engaging in specific behaviors.
Domestic Violence
- Physical harm or threats from a spouse or cohabiting partner.
- For example: If Ms. Zhang’s husband threatened to harm her during a domestic dispute, she may apply to a lawyer or police for an ADVO to protect herself.
(If someone uses a pet as a means of retaliation or threat, this also falls under the protection of a Domestic Violence Order.
Example: If Mr. Yang’s wife threatens to harm his pet as retaliation for divorce, an ADVO can protect both his safety and that of his pet.)
Neighbor Disputes
- Threats or harassment arising from property, noise, or boundary issues.
- Example: After Mr. Liu and his neighbor argued over the property fence, the neighbor verbally threatened him. In such cases, applying for an APVO can restrict the neighbor’s access.
Stalking or Harassment by Strangers
- Experiencing stalking, threats, or intimidation in public places.
- For example: Ms. Zhao was repeatedly followed by strangers during her commute. APVO can help ensure her safety and prevent the perpetrator from further harassing or harming her.
How long does an AVO last?
When applying for an AVO, you (the applicant) can tell the court how long you want the AVO to last and why. The court will decide the duration based on information provided by you and the respondent. If the court does not specify a duration, the default period for an AVO is typically two years.
Before the AVO expires, you can apply to extend the order as long as you still have a reasonable fear of the respondent.
What happens if an AVO is breached?
Although an AVO is not a criminal conviction, breaching an AVO is a criminal offense in NSW. The maximum penalty is 2 years imprisonment and/or a fine of up to approximately $5,500.
Under section 14 of the Crimes (Domestic and Personal Violence) Act 2007, if the breach involves violence (such as actual harm or threats causing fear), the court may consider imprisonment as a penalty when sentencing.
So, what constitutes an AVO breach? Essentially, any action explicitly prohibited by the AVO is illegal. The behavior need not involve physical contact or harm. Examples include: harassing the protected person on social media, pressuring them through intermediaries, or appearing near their residence. In other words, even without causing actual harm to the protected person, violating any restriction in the AVO may result in criminal penalties.
Summary
An AVO serves as a vital tool within the NSW legal system for safeguarding personal safety. Whether addressing domestic violence, neighborhood disputes, or harassment by strangers, AVOs provide legal support to victims. Furthermore, AVOs carry strict legal consequences; if a respondent violates an AVO, they face serious criminal penalties. However, many people feel uneasy when confronted with an AVO: What materials are required to apply? How will receiving an AVO impact daily life? These questions often leave individuals feeling overwhelmed.
In such situations, professional legal support can help you clarify your rights and obligations, understand the process and potential outcomes, enabling you to make decisions with greater confidence. Whether seeking protection or responding to a served order, promptly understanding your legal options is a crucial step in safeguarding your safety and rights.
Written by Xueying Yang; Content planning: Gang Sun, Xueying Yang; Proofreading: Gang Sun, Ming Zhao, David Ho
This article is provided by Sunfield Chambers Solicitors & Associates. The content of this article is based on publicly available information and the author’s understanding, and does not constitute any form of professional legal advice or basis for business decisions. Readers should refer to this article in the context of their own actual situation and consult relevant professionals for specific guidance. The author and the publishing platform do not assume legal responsibility for any consequences arising from the use of the information in this article.
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