If an Apprehended Domestic Violence Order (ADVO) or Apprehended Personal Violence Order (APVO) has been made against someone in your life, you might be wondering what comes next. Whether you are the protected person or the respondent, it’s critical to understand your rights, responsibilities, and what the legal process involves after the order is in place.
In New South Wales, an AVO is a legal order made by a court to protect a person from another individual who poses a risk of violence, harassment, intimidation, or stalking. There are two main types of AVOs:
Once an order is made, it imposes specific conditions that the respondent must follow. These may include:
NSW Police play an active role in enforcing AVOs. If an order is breached, even by seemingly minor actions like sending a text or showing up unexpectedly, the police can arrest the respondent on the spot.
AVOs can be made in two ways:
Once in place, the order becomes a part of the Police’s internal records, and any breaches are treated seriously.
If you are the protected person under an AVO, you are not alone. In NSW, a range of government and non-government organisations offer free and confidential support, including:
These services can help with safety planning, counselling, Centrelink assistance, and parenting arrangements after domestic violence. Cultural and language-specific support is also available for Aboriginal and Torres Strait Islander communities and culturally diverse backgrounds.
For Respondents: What You Need to Know
If you are the respondent (the person the order is made against), an AVO is more than just a legal notice; it can have long-term implications on your personal life, parenting rights, employment, and even international travel.
You may be referred to a Men’s Behaviour Change Program (MBCP) or ordered to attend counselling or drug/alcohol treatment. These referrals can be voluntary or mandated by the court.
If you ignore the conditions or fail to attend the programs ordered, the Court may consider that a risk factor in related matters like parenting orders or custody proceedings.
Parenting and AVOs: How They Interact
One of the most complex aspects of AVOs involves shared children. If you share children with the respondent or protected person, the Court will carefully consider how the AVO affects parenting arrangements.
While an AVO may restrict contact between the adults, it may allow limited or supervised contact with the children under specific conditions. In more serious cases, the Court may prohibit all contact if the risk to the child is too great.
If there are existing Family Court parenting orders, the Magistrates’ Court must consider how these orders intersect with the AVO. You may need to return to the Federal Circuit and Family Court of Australia to vary or suspend those orders.
🔗 If you’re dealing with parenting complications alongside an AVO, our experienced family lawyers in Sydney can assist with urgent parenting orders, custody applications, and supervised visitation plans.
Yes. While AVOs typically last for 12 months or more, either party can apply to vary, revoke, or extend the order through the court. However, this cannot be done informally.
Even if the protected person agrees to resume contact or reconcile, the conditions remain in force until the court officially changes them. Any breaches, regardless of mutual consent—can still lead to arrest and prosecution.
Always seek legal advice before attempting to vary or discharge an AVO.
AVOs are designed to protect people from ongoing or future harm, but they also come with serious legal implications for both parties. Whether you are the person seeking protection or the one named in the order, it’s important to understand your rights, obligations, and the impact on other areas of your life, including parenting and property matters.
Contact Maatouks Law Group today to speak with a compassionate and experienced family lawyer. We’re here to help you feel safe, heard, and supported.