AVO Conditions in NSW
An Apprehended Violence Order (AVO) in New South Wales (NSW) is a legal order pursuant to Crimes (Domestic and Personal Violence) Act 2007 issued by the court to protect individuals from violence, harassment, intimidation, or threats. AVOs are commonly sought in domestic and personal violence cases to prevent potential harm.
Types of AVOs in NSW
There are two main types of AVOs in NSW that vary depending upon who the parties to the application are or who the applicant is:
- Apprehended Domestic Violence Order (ADVO) – Issued when the involved parties are in a domestic relationship, such as partners, family members, or housemates.
- Apprehended Personal Violence Order (APVO) – Issued when the involved parties are not in a domestic relationship, such as neighbours, colleagues, or strangers.
Common AVO Conditions in NSW
When an AVO is granted, the court imposes specific conditions to protect the alleged victim (the “protected person” or “person in need of protection (PINOP)”). These conditions vary based on the circumstances but generally fall under standard and additional conditions.
Standard AVO Conditions
All AVOs in NSW include a mandatory condition that the defendant must:
- Not assault, threats, stalking, harassment, or intimidation – The defendant must not engage in any conduct that causes fear or harm to the protected person.
- Not damage property – The defendant must not intentionally or recklessly destroy or damage the protected person’s property.
- Not harm an animal – The Defendant must not intentionally or recklessly harm an animal that belongs to, or is in the possession of, the protected person.
Additional AVO Conditions
Depending on the circumstances, the court may impose additional conditions to enhance the protection of the alleged victim.
| Condition | Description |
|---|---|
| No contact condition | Prohibits the defendant from contacting the protected person in any way, including via phone, text, email, or social media. |
| Exclusion from residence | Prevents the defendant from residing at or visiting the protected person’s home, even if they previously lived together. |
| No approach condition | Prohibits the defendant from approaching the protected person at their home, workplace, or any other specified location. |
| No proximity condition | Restricts the defendant from being within a certain distance (e.g., 100 metres) of the protected person. |
| No alcohol or drug use | Prohibits the defendant from having contact with the protected person within a certain period of last consuming alcohol or drugs. |
| Child protection conditions | Restricts the defendant’s contact with the protected person’s children if there is a risk of harm. |
| Firearms prohibition | Prevents the defendant from possessing or using firearms or weapons. |
| Surrender of firearms/weapons | Requires the defendant to surrender any firearms, weapons, or related licenses to authorities. |
| Supervised contact with children | Allows contact with shared children only under specified supervision conditions or by way of written agreement. |
Breaching an AVO in NSW
Breaching an AVO is a serious offence in NSW and can result in criminal charges. If a person is found guilty of violating any AVO conditions, they may face penalties that include fines, imprisonment, or both. The severity of the punishment largely depends on the nature of the breach and whether previous breaches have occurred.
How to Defend an AVO
If you have been served with an AVO, your legal options include:
- Consenting to the conditions – Accepting the restrictions included in the application and the sought period.
- Negotiating the conditions – Requesting modifications to certain restrictions.
- Challenging the AVO in court – If you believe the AVO is unjustified, you can contest it in court.
- Complying with conditions – Even if you disagree with the AVO, adhering to the conditions is crucial to avoid legal consequences.
Understanding AVO conditions in NSW is essential for both those seeking protection and those defending against an order. These conditions aim to ensure safety and prevent harm, with serious consequences for breaches. If you are involved in an AVO matter, you should call us for a free initial consultation to discuss your options.