How to apply for an AVO in NSW
In NSW, an Apprehended Violence Order (AVO) is obtained by filing an application in the Local Court or by asking NSW Police to apply on your behalf. AVOs come in two forms — Apprehended Domestic Violence Orders (ADVOs) where the parties are in a domestic relationship, and Apprehended Personal Violence Orders (APVOs) where they are not. The court can make an interim order quickly and then decide whether to make a final order.
The framework
Crimes (Domestic and Personal Violence) Act 2007 (NSW). ADVOs are dealt with in Part 4 (s 16 — ground for making an ADVO). APVOs are in Part 5 (s 19). Interim orders are made under s 22. Police powers to apply are in s 49. Breach of an AVO is an offence under s 14.
The process
Decide between ADVO and APVO
ADVOs cover domestic relationships — spouses, partners, family, carers, or persons living in the same household. APVOs cover other relationships.
Consider reporting to NSW Police first
If there is immediate risk, call 000. Police can apply for a provisional AVO on the spot and then a Police ADVO in court at no cost to you.
Prepare a written account of incidents
List dates, times, locations, what was said or done, and any witnesses. This forms the basis of the application and the court evidence.
Complete the Application for an AVO
The application form is available at the Local Court registry or online. Private applicants file under s 48 of the Crimes (Domestic and Personal Violence) Act 2007.
Draft proposed orders
Standard order 1 (no assault, threats, stalking, harassment, intimidation) applies automatically. Consider further orders — no contact, exclusion from the home, no approaching within a set distance.
Lodge the application at the Local Court
Lodge at the Local Court registry nearest the defendant or nearest where the conduct occurred. There is no filing fee for a private AVO application.
Obtain an interim order if necessary
The court can make an interim order under section 22 at the first mention to provide immediate protection while the final hearing is pending.
Serve the defendant
Police serve Police AVOs. For private applications, the court will direct how service is to be effected.
Attend mentions and the final hearing
The defendant may consent without admissions, contest, or seek adjournments. If contested, the matter proceeds to a defended hearing with evidence.
Obtain and enforce the final order
If made, the final order is served on the defendant. Breach is an offence under section 14 — report any breach to police immediately.
Forms and templates
- Application for an Apprehended Violence Order
- Draft orders (schedule of conditions)
Common mistakes
- Not reporting incidents to police (reducing evidentiary support)
- Choosing APVO when a domestic relationship exists (should be ADVO)
- Drafting vague or overbroad proposed orders
- Failing to disclose any existing Family Court parenting orders
- Not applying for an interim order when immediate risk exists
Get this process right with Quillio
Quillio drafts AVO applications, chronology of incidents, proposed order schedules, and written submissions consistent with the Crimes (Domestic and Personal Violence) Act 2007 (NSW). See /practice-areas/family-lawyers.
General information only — not legal advice. If you are in immediate danger, call 000. For legal advice contact a domestic violence legal service or a solicitor.
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