AVO Lawyer Sydney
If you have been served with an apprehended violence order (AVO) application, or police have taken out an order against you, what you do before the first court date matters. An AVO can restrict where you live, who you can contact and when you can see your children, and breaching one is a criminal offence. As experienced AVO lawyers in Sydney, we advise and act for defendants and protected persons in AVO matters across NSW.
Reviewed by Sam Saadat, Principal Lawyer, Invictus Legal. Last reviewed: 30 October 2026.
Need help now? Call our 24/7 urgent line 0410 600 230 · Book a free consultation · Email info@invictuslegal.com.au
What is an AVO? ADVOs and APVOs explained
There are two types of apprehended violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). An apprehended domestic violence order (ADVO) protects a person who has or has had a domestic relationship with the defendant. An apprehended personal violence order (APVO) applies where there is no domestic relationship, for example between neighbours or co-workers (s 3).
A domestic relationship is broad. It includes current and former spouses and de facto partners, intimate personal relationships (whether or not sexual), people who live or have lived in the same household, relatives, and some carer relationships (s 5).
An AVO is a civil order made on the balance of probabilities. It is not itself a criminal charge, but breaching it is a criminal offence, and police often apply for an ADVO at the same time as charging a domestic violence offence.
When will the court make an AVO?
The court may make an ADVO if it is satisfied, on the balance of probabilities, that the protected person has reasonable grounds to fear, and in fact fears, a domestic violence offence, intimidation or stalking by the defendant (s 16). Actual fear is not required where the protected person is a child or has an appreciably below average general intelligence. A similar test applies to APVOs (s 19).
Every AVO automatically prohibits the defendant from assaulting or threatening the protected person, stalking, harassing or intimidating them, and destroying or damaging their property or harming an animal (s 36). The court can add further conditions, such as no contact, no approach, not going within a set distance of a home or workplace, and restrictions on firearms.
Provisional, interim and final orders
Provisional orders are made quickly, often by a senior police officer or an authorised officer, after an incident (ss 25 to 33A). They operate until the matter comes before the court.
Interim orders are made by the court where it is necessary or appropriate pending the final hearing (s 22). If you are charged with a serious domestic violence offence, the court must generally make an interim order to protect the alleged victim (s 40).
Final orders are made at the end of the case, either by consent or after a defended hearing. If you plead guilty to, or are found guilty of, a domestic violence offence, the court must generally make a final ADVO (s 39).
How long does an AVO last?
The court sets the length of a final order. If it does not specify a period, an ADVO lasts 2 years for an adult defendant and 1 year where the defendant was under 18 (s 79A). An APVO defaults to 12 months (s 79). In limited cases involving a significant and ongoing risk of death or serious harm, the court can make an indefinite ADVO against an adult defendant (s 79B).
Your options when an AVO is taken out against you
Consent without admissions. The court can make a final order by consent without making findings, whether or not you admit any of the allegations (s 78). This often avoids the cost and stress of a hearing, but you must still comply with every condition.
Negotiate the conditions. We can often negotiate with police prosecutors to remove or soften conditions, for example so you can keep living at home, collect belongings or arrange contact with children through a third party.
Defend the application. If the allegations are untrue or the legal test is not met, we prepare your evidence and run a defended hearing.
Vary or revoke an order. An existing order can be varied or revoked if the court is satisfied it is proper to do so in all the circumstances (s 73).
AVO conditions can affect parenting arrangements and family law proceedings, firearms licences and some security and working-with-children clearances, so get advice before you agree to anything.
What happens if an AVO is breached?
Knowingly contravening an AVO is an offence with a maximum penalty of 2 years imprisonment, a fine of 50 penalty units, or both (s 14(1)). Aggravated offences now apply to ADVOs: contravening an ADVO with intent to cause harm or fear carries a maximum of 3 years imprisonment or 100 penalty units (s 14(1A)), and a separate offence applies to repeated contraventions within 28 days (s 14(1C)). Unless the court orders otherwise, an adult convicted of a breach involving an act of violence must be sentenced to imprisonment (s 14(4)).
Domestic violence charges are dealt with seriously by the courts, and bail is harder to obtain for serious domestic violence offences and for the coercive control offence (Crimes Act 1900 (NSW) s 54D). See our urgent bail lawyer page.
Why choose Invictus Legal as your AVO lawyers in Sydney?
We regularly appear in AVO and domestic violence lists, including at Downing Centre, Parramatta, Bankstown, Burwood, Liverpool, Campbelltown and Waverley Local Courts. Because we also practise in family law, we can advise you on how an AVO affects parenting and property arrangements. Read more about the criminal offences we defend and assault charges.
How much does an AVO lawyer cost?
Defended AVO hearing: $6,600 incl. GST
Local Court guilty plea (for a related domestic violence charge): from $2,200 incl. GST
Local Court defended hearing (for a related criminal charge): from $5,500 incl. GST
Local Court or District Court bail application: from $3,300 incl. GST
All other AVO work, such as negotiating conditions, consent orders and variation or revocation applications, is charged on the scope of work involved. Fixed fees are solicitor fees only and exclude Counsel fees and other disbursements, which are set out in your costs agreement. Every client receives a written costs agreement before we commence any work, as required under the Legal Profession Uniform Law (NSW). We offer a free 15-minute Express Consultation and a free 30-minute Initial Consultation, in person at our Marrickville office or by video.
Call our office on 02 8553 0500 or book online. For urgent matters, such as an arrest, a bail application or urgent injunctive relief, call our 24/7 urgent line on 0410 600 230.
This page is general information only and is not legal advice. Contact Invictus Legal to discuss your situation.
Talk to a lawyer today. Call 0410 600 230 (24/7) or 02 8553 0500, book a free consultation, or email info@invictuslegal.com.au.
Frequently asked questions
Is an AVO a criminal conviction?
No. An AVO is a civil order made on the balance of probabilities. However, breaching an AVO is a criminal offence, and an AVO is often made alongside criminal charges.
Can I agree to an AVO without admitting the allegations?
Yes. The court can make a final AVO by consent whether or not you admit any of the allegations (Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 78). You must still comply with all the conditions.
How long does an ADVO last in NSW?
The court sets the period. If none is specified, an ADVO lasts 2 years for an adult defendant (s 79A). In limited cases the court can make an indefinite ADVO (s 79B).
What is the penalty for breaching an AVO?
Up to 2 years imprisonment and/or 50 penalty units, with higher penalties for aggravated breaches of an ADVO. An adult convicted of a breach involving violence must be imprisoned unless the court orders otherwise (s 14).
Can an AVO be changed or cancelled?
Yes. Either party can apply to vary or revoke an AVO, and the court may do so if satisfied it is proper in all the circumstances (s 73).