What is the NSW AVO Process?

An AVO is a court document that is intended to protect someone from harassment or violence from another.

AVOs are commonly taken out in situations where there is domestic abuse, but they can also be used to protect vulnerable people from family members, neighbours, friends or anyone else they have a legitimate reason to feel at risk from.

The NSW AVO process varies slightly depending on the situation and the type of AVO being taken out.

AVOs can either be taken out by the police on behalf of a person they feel may be at risk of domestic violence, or they can be taken out privately through the court.

If you want to take out a domestic violence AVO (often referred to as an ADVO) the easiest route is often to ask the police to do it on your behalf.

If you want to take out an AVO for any other reason than domestic violence, you will need to visit your local court and fill out an application notice, stating the reasons behind you wanting to take out the AVO.

Once your application has been filed, you will be given a court date for the matter to be decided.

In the interim, the defendant will be served with the AVO documents, and they will be required to turn up at court to present their defence if they wish to challenge the AVO.

At the hearing, the defendant has the option of challenging the AVO or accepting the terms. Acceptance of the AVO doesn’t mean that the defendant is admitting to any allegations made in the AVO.

If the defendant accepts the AVO, they will be required to abide by the conditions and restrictions set out in the document.

Restrictions may include agreeing to limit or cease contact with the alleged person in need of protection (PINOP), residing at a different address, or not coming within a certain distance of the PINOP and anyone else who has protection under the same order (such as the children of the PINOP).

They will also be required to hand in any firearms they possess, and will be prohibited from holding a firearms licence for 10 years after the AVO ceases.

If the defendant accepts the terms of the AVO, they will be required to abide by them for the duration of the AVO, which can be anything up to two years.

The matter will be considered finalised by the court unless there is a breach of the AVO conditions.

If the defendant decides to challenge the AVO, the process will be more complicated.

At the court appearance, another date will be set for the defendant and the applicant to present their evidence.

The matter will normally be decided at the second court date by a magistrate after reviewing both parties’ evidence.

If you want to take out a private AVO, or if you are the subject of an AVO taken out by the police or by someone you know, it is a good idea to speak to a criminal lawyer who deals with AVO cases on a regular basis.

The NSW AVO process can be complex.

An experienced criminal lawyer can represent you in court and ensure you have the best chance of success.

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About Ugur Nedim

Ugur Nedim is an Accredited Specialist Criminal Lawyer and Principal at Sydney Criminal Lawyers®, Sydney's leading firm of criminal and traffic defence lawyers.

One comment

  1. Noni Daniels

    Hi, I am on a pension so unable to afford fees. I know it seems odd I have a business but I can tell you I am behind in the rent and at the moment don’t even own a computer. I and the father of a child in a custody dispute case hade false AVO s against us. I employed a lawyer using the last of my savings. The father was cleared but the child was coached in some way and the magistrate preferred to believe I pushed her off a chair!! There were other totally disgusting allegations. I was a nervous wreck. I am now going for a variation and am making a complaint about the prejudice seen in the magistrate. I have a typical artists personality. I think I should have my fees returned so I am going ahead with that. I was wondering if I can sue the police down the line as it has been distressing for me and the little girl. It was very cruel what the mother and her friend put her through and me. They knew I suffer from depression and it was a deliberate attempt to send me over the edge using the girl as their weapon. It was horrid. I have written to one other solicitor but no reply, Kind Regards, Noni Daniels

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