What protection does an Apprehended Violence Order offer?

Published 13 Sep 2018

Domestic violence is an unfortunately common crime in NSW - but it's important that victims know there are ways to protect themselves. An Apprehended Violence Order (AVO) is made by the NSW Local Court under the Crimes (Domestic and Personal Violence) Act 2007. This order protects you from further violence or harassment caused by another individual.

Nearly 30,000 AVOs were granted to victims of domestic violence in NSW last year according to the state Bureau of Crime Statistics and Research. We took a more in-depth look at the exact kind of protection an AVO can offer to individuals.

Domestic AVOs vs Personal AVOs

AVOs aim to protect individuals from violence, threats and harassment, with two types of AVOs used to protect individuals in different situations.

A Domestic AVO (ADVO) order is made to protect individuals from violence caused by a spouse, family member, carer or any other individual in your household. A Personal AVO, meanwhile, protects individuals from people not connected through family or domestic situation. This covers harassment from people such as employers, neighbours etc.

What protection does a Domestic Apprehended Violence Order offer?

No matter the situation, three conditions will always be included in an ADVO, preventing the offending party from:

  1. Physically assaulting, molesting or harassing the protected person.
  2. Intimidating or using threatening language towards the victim.
  3. Stalking the protected person.

Anyone in a domestic relationship with the victim is also protected by the ADVO conditions, and these protections can be extended to include your children or other dependant.

Additional protection orders can prohibit the attacker from:

  • Approaching the protected person.
  • Entering places where the victim lives, works or any other place they frequent.
  • Damaging shared property.

Domestic orders come in three different forms. Provisional protection is offered to victims of violence in urgent situations without the issue needing to go to court. This provisional defence can be extended to an interim ADVO, which protects the victim during legal proceedings until a final decision is made. 

How do you apply for a Domestic Apprehended Violence Order

The vital first step towards securing protection through an ADVO is contacting the police. Once they're aware of the situation, their domestic violence officers can help secure the necessary documents. An expert family law solicitor is also a significant help in this trying time, helping process the domestic AVO through local court and offering expertise and level-headed guidance.

For more information about securing a domestic apprehended violence order or other family law issues, contact Malouf Solicitors today.

Please call us on 02 8833 2000 to speak with a lawyer

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