A court can issue an order instructing someone to modify or stop behaviour that can cause harm or fear to others. It is a legal document that can be enforced by police should any of the conditions in the order be breached. In New South Wales these orders are called ‘Apprehended Violence Orders’ or AVOs. They are serious and should be respected by both the protected person and the person that the order is made against.

AVOs are one of the tools available to police and the courts in matters of family violence. Family violence occurs when one person within a family or domestic relationship tries to dominate and control the other person.

However AVOs are also available in any circumstances where a person in need of protection can demonstrate to the court that they have a reasonable fear for their safety because of the behaviour of another person. An AVO can also protect property that has been damaged or threatened to be damaged. AVOs can be obtained through an application by police or by a private application.

Depending on the state or territory you are in AVOs are referred to by a variety of other names. There are also subcategories of AVO in most places. These include:

• Apprehended Personal Violence Order and Apprehended Domestic Violence Order (NSW);
• Protection Order, Domestic Violence Order and Domestic Violence Protection Order (QLD);
• Personal Safety Intervention Order and Family Violence Intervention Order (VIC);
• Violence Restraining Order (WA);
• Intervention Order (SA);
• Domestic Violence Order and Personal Violence Restraining Order (NT);
• Domestic Violence Order and Personal Protection Order (ACT);
• Restraint Order and Family Violence Order (TAS).

Each of these orders is intended to fulfil a similar purpose and to some extent they have similar methods of operation and application requirements. However there are very important differences between the states and territories and between the different types of order available in each place. Some types of order are only available to people who are in a domestic relationship. There may also be differences in the type of conduct or the level of fear that will qualify you for a protection order. If you have fears for your safety please speak to the police or a lawyer in your area who can help you get the assistance you need. You can use our Phone a Lawyer service for a preliminary legal consult with an experienced lawyer in your region.

This Legal Guide on Apprehended Violence Orders provides people in NSW with information about the requirements and operation of AVOs. It may also provide a useful overview for people in other locations. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.