Getting served with an AVO is one of those moments that stops you in your tracks. Your stomach drops, your mind races, and suddenly you’re staring at paperwork that feels both urgent and overwhelming. But hey—don’t panic. Navigating an AVO is absolutely doable when you understand the process and your rights.
This guide breaks everything down in plain English so you can take back control and make smart, informed decisions from the very beginning.
🔹 What Is an AVO Anyway?
In NSW, an AVO (Apprehended Violence Order) is a court order designed to protect someone (the “protected person”) when they fear violence, threats, intimidation, or stalking.
There are two main types:
✔ ADVO – Apprehended Domestic Violence Order
Issued when the people involved are in a domestic relationship.
✔ APVO – Apprehended Personal Violence Order
Issued when the people involved aren’t in a domestic relationship—for example, neighbours, co-workers, or strangers.
An AVO isn’t a criminal conviction by itself…
BUT violating one is a criminal offence.
🔹 Why You Were Served With an AVO
One of three things usually happens:
- Police applied for the AVO
- The protected person applied directly through the court
- The AVO was issued urgently in situations involving risk of harm
Even if the claims feel exaggerated or completely untrue, take the AVO seriously.
Ignoring it or violating the temporary conditions can snowball fast.
🔹 First Things First: Read the Conditions Carefully
This is the part many people skim—but shouldn’t. The conditions tell you exactly what you can and cannot do, including:
- Contact rules
- Physical distance requirements
- Rules about attending certain locations
- Restrictions on communication (calls, texts, social media)
Even unintentional breaches can lead to charges.
🔹 Your Options After Being Served with an AVO
You generally have three options:
✔ Option 1: Consent to the AVO Without Admissions
This means you agree to the order but not the allegations.
It’s like saying, “I won’t fight the order, but I’m not admitting anything.”
Why choose this?
- Faster resolution
- No hearing required
- No finding of wrongdoing
But…
The conditions still apply, so choose carefully.
✔ Option 2: Negotiate the Conditions
You can request changes to any conditions that are too restrictive, unreasonable, or unnecessary. A lawyer can negotiate with police or the applicant’s lawyer to adjust terms such as:
- Contact rules
- Distance requirements
- Access to shared property
- Child-related communications
This often leads to a more practical, livable arrangement.
✔ Option 3: Oppose / Contest the AVO in Court
If the allegations are false, exaggerated, or unsupported, you can contest the AVO.
This leads to:
- Court mentions
- Evidence preparation
- Hearing dates
- Cross-examination of witnesses
Contesting makes sense when the AVO would seriously impact work, parenting, reputation, firearms licensing, or visas.
🔹 How to Respond to an AVO Step-by-Step
Here’s your roadmap for navigating an AVO from the moment you’re served:
Step 1: Don’t contact the protected person
Even if you think it’s all a misunderstanding.
One message can breach the order.
Step 2: Read every condition line-by-line
No skipping. No guessing.
Know exactly what applies to you.
Step 3: Get legal advice immediately
A lawyer can explain your options clearly and help you avoid traps.
NSW Police Rights: https://www.police.nsw.gov.au
LawAccess NSW: https://mycriminallawyers.com.au
Step 4: Decide whether to consent, negotiate, or contest
This depends on:
- The seriousness of allegations
- Your evidence
- Your goals
- How the AVO would affect your future
Step 5: Attend your court date
Missing court? Big mistake—you risk the order being made in your absence.
Step 6: If contesting, start preparing evidence
Helpful evidence includes:
- Text messages
- Emails
- CCTV
- Witness statements
- Social media posts
- GPS data
- Timeline records
The stronger your evidence, the stronger your position.
🔹 What Happens in Court When Contesting an AVO?
The process usually goes like this:
1. First Mention
You tell the court whether you’re consenting, negotiating, or opposing.
2. Compliance Orders
The court sets deadlines for exchanging evidence and statements.
3. Hearing
This is where both sides argue their case.
You (or your lawyer) can:
- Question the protected person
- Present your own evidence
- Call witnesses
- Challenge inconsistencies
The magistrate then decides whether an AVO should be made.
🔹 Consequences of Having an AVO on Your Record
An AVO isn’t a criminal conviction, but it can still have serious consequences.
It may affect:
✔ Professional licences
Security, teaching, healthcare, child services, police, etc.
✔ Family law
Parenting arrangements can become more complicated.
✔ Firearms
You’ll lose your licence for 10 years.
✔ Employment background checks
Some employers may view an AVO unfavourably.
✔ Visa applications
Some countries consider AVOs in their assessment.
This is why navigating an AVO carefully matters—your future may depend on it.
🔹 How to Protect Your Future After an AVO
Here’s how to keep your future intact:
✔ Follow all conditions EXACTLY
Even accidental breaches can create major problems.
✔ Document everything
Keep screenshots, dates, times, and evidence of your behaviour.
✔ Avoid emotional communication
Stay calm. Stay factual. Stay distant.
✔ Get legal representation
A lawyer can negotiate better terms and guide you through the hearing.
✔ Update your employer only if necessary
Different industries have different disclosure rules.
FAQ
Will an AVO give me a criminal record?
No. Only breaches are criminal.
Can I contact the protected person if they contact me first?
No. Contact is still a breach unless the AVO allows it.
How long does an AVO last?
Typically 12 months, but it can be longer.
Can I challenge the order later?
Yes, you can apply to vary or revoke an AVO.
Should I fight the AVO or consent?
It depends on your situation—speak with a lawyer before deciding.
Final Thoughts
Navigating an AVO doesn’t have to feel like walking blindfolded through a legal maze. When you understand your rights, take the right steps, and get the right support, you can respond confidently, contest effectively, and protect your future.