Frequently Asked Questions
You need to check the relevant legislation in your State and Territory, as the rules are different in each jurisdiction.
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What is an AVO?
- An AVO or Apprehended Violence Order is an order by a NSW court which:
- places restrictions on a person who has been violent or abusive and
- can be tailored to meet the individual circumstances of each matter.
- An AVO orders the named person not to do certain things. It does not order the person who has been violent or abusive to do something such as attend counselling or an anger management course.
- There are two types of AVO in NSW.
- Apprehended domestic violence orders are available to protect you against harassment, intimidation or violence by someone who is in a domestic relationship with you such as a partner, a relative or someone you live with.
- Apprehended personal violence orders are available to protect you against harassment, intimidation or violence by someone who is not in a domestic relationship with you such as a colleague or a neighbour.
- All Australian states and territories have their own versions of Apprehended Violence Orders. They have different names and may have different application requirements.
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What conditions can be imposed under an AVO?
- Every AVO has mandatory conditions that say the named person must not behave in certain ways towards the protected person. This includes behaviour that is:
- assaulting;
- molesting;
- threatening;
- harassing;
- intimidating; or
- stalking.
- These conditions apply in respect of the protected person and anyone they are in a domestic relationship with such as children or new partners.
- In addition to these mandatory conditions the magistrate can impose further conditions depending on the individual circumstances of the matter.
- The types of conditions included could require the named person not to:
- go within a certain distance of the home or workplace of the protected person;
- live at a particular place;
- carry or possess any firearms; or
- contact the protected person:
- by telephone;
- by SMS;
- by email; or
- in person.
- An AVO can also include a condition that one of the parties collect their personal property from a specified location. It can include a direction that the police or another person go along with the party to collect the property.
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What are the consequences if I have an AVO made against me?
- If the court makes an AVO it will affect your firearms licence and may affect your security licence.
- You will be required to immediately surrender all firearms in your possession.
- In some instances the police may require you to hand in firearms if you are issued with a provisional or interim (temporary) AVO.
- Firearms licences are automatically suspended should a provisional or interim AVO application be made.
- Firearms licences are automatically cancelled if a final AVO order is made.
- You will only be able to apply for a firearms licence 10 years after the date of the final AVO order. You will then need to show that you are a fit and proper person to have a firearms licence.
- You can apply to have your firearms licence returned prior to the 10 year period if the court has revoked the AVO order.
- An AVO may affect your ability to work if your employment requires you to have a security licence.
- If you have a licence that allows you to carry a firearm you may not be allowed to work under that licence because your firearms licence will have been suspended or cancelled.
- A security licence may also be cancelled or an application for a security licence rejected if an AVO is made against you and the Police Commissioner believes that you are not a fit and proper person to hold a security licence.
- An AVO may also affect your ability to keep employment where you work with children.
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Is having an AVO made against me the same as being charged with a criminal offence?
- No. When a person is named in an AVO they have not been charged with a criminal offence and it does not result in a criminal record.
- If the named person breaches or disobeys the AVO that may lead to a criminal charges being laid.
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Will an AVO show up on a criminal record check?
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Who is protected by an AVO?
- The mandatory (standard) conditions included in an AVO automatically cover you as the protected person.
- The court can and usually will extend this protection to include any person who is in a domestic relationship with you.
- Domestic relationship has a very broad meaning and includes:
- marriage, de facto and intimate (close personal) relationships;
- anybody who lives or has lived in the same household with you;
- anybody who has a relationship of dependence with you. This means anybody who depends on your care or whose care you depend on;
- your relatives by blood or marriage; and
- anybody who is your kin according to the Indigenous kinship system.
- Apprehended domestic violence orders must specifically protect any child who is in a domestic relationship with you unless the court thinks there are good reasons for this not being done.
- The court must tell you what those reasons are.
- The court can make an AVO allowing contact under a Parenting Order to continue between the children and the named person.
- If the court feels that the children’s safety is threatened it has the power to amend the Parenting Order as well as preventing contact through the AVO.
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Can a child apply for an AVO?
- Only the police can make a separate application to obtain an AVO for children aged under 16 years.
- Children aged 16 years or older are allowed to make their own application for an AVO.
- Where an application for an AVO involves children the laws require the court to be closed to the public unless the court says otherwise.
- A child will not be required to give evidence unless the court believes it is in the interests of justice for them to do so.
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How long will an AVO stay in place for?
- An AVO stays in place for the period set by the court.
- AVOs are generally made for one or two years but could be made for more or less time depending on the circumstances.
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View more Information on AVOs & RVOs