Apprehended Violence Orders (AVOs) Sydney

Facing an AVO or Charged with Breaching an AVO? We Can Help.

AVO Defence Lawyers in New South Wales

Apprehended Violence Orders (AVOs) are court orders aimed at protecting individuals from violence, threats or harassment. If you’re facing an AVO or accused of breaching one in Sydney or NSW, Kingston Fox Lawyers are here to provide expert advice and representation.

At Kingston Fox Lawyers, we understand the complexities surrounding AVOs, including Apprehended Domestic Violence Orders (ADVOs) and breaches of these orders. Our experienced team, including former prosecutors, will work with you to develop a strategy tailored to your case and help you navigate the legal process with confidence.

Contact us today for a confidential consultation to explore your options.

What is an Apprehended Violence Order (AVO)?

An Apprehended Violence Order (AVO) is a civil order that aims to protect a person from a threat of violence from another person. There are two types of AVOs:

  • Apprehended Domestic Violence Order (ADVO): Issued in situations where there is a domestic relationship between the defendant and the complainant. A domestic relationship includes relationships between married or de facto partners; people who have had an intimate relationship; people who live or have lived in the same household (like flatmates); and relatives (siblings, parents for instance).
  • Apprehended Personal Violence Order (APVO): Used in non-domestic situations, such as disputes between neighbours or colleagues.
The purpose of an ADVO or APVO is to prevent harm to the complainant or protected person. ADVOs and APVOs can have conditions imposed which limit the defendant’s ability to go to certain places or to contact the protected person, amongst others. Facing an AVO, especially an ADVO, can have significant consequences on your daily life, including restrictions on where you can go and who you can contact.

Contravene AVO (Breach of an AVO)

A contravention or breach of an AVO, also known as “breaching an AVO,” occurs when a person disobeys the conditions set out in the order. Breaching an AVO is a criminal offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) and can result in serious penalties, including imprisonment. It’s important to note that a breach of an AVO does not require any violent act to occur. Even non-violent actions, such as contacting the protected person or being in a restricted location, are considered breaches if they violate the conditions of the AVO. The courts take breaches seriously, whether or not violence is involved, as it is a breach of a court imposed order. Common examples of breaching an AVO include:
  • Contacting or approaching the protected person in violation of the order.
  • Entering a location restricted by the AVO, such as the protected person’s home or workplace.
  • Committing an act of violence, intimidation, or harassment against the protected person.

Penalties for Breaching an AVO

Penalties for breaching an AVO can vary based on the severity of the breach and the circumstances surrounding the offence. Possible penalties include:
  • Fines: For less serious breaches, fines may be imposed.
  • Good Behaviour Bonds: A court may order the offender to enter into a good behaviour bond as an alternative to imprisonment.
  • Imprisonment: For serious or repeated breaches, the court may impose a prison sentence. The maximum penalty for breaching an AVO is 2 years imprisonment and/or a fine of up to $5,500.
It is important to seek legal advice if you have been accused of breaching an AVO, as these matters are taken seriously by the courts. Kingston Fox Lawyers can help build a defence strategy that aims to minimise the impact of the charge on your life.

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At Kingston Fox Lawyers, we are more than just your legal representatives — we are
your partners in navigating the challenges ahead. What sets us apart is our deep commitment to providing a tailor-made, personalised service, backed by over
40 years of combined experience in criminal law.

Our team, which includes former prosecutors, brings unparalleled expertise and a strategic advantage to your defence.

We pride ourselves on our supportive, client-focused approach. Clients often share how much more at ease they feel after speaking with us, reassured by our understanding and straightforward advice. We focus not just on the legal challenges but on your future, ensuring that you can move forward with confidence and peace of mind.

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Frequently Asked Questions

An AVO is a civil order designed to protect a person from violence, intimidation, or harassment. There are two main types of AVOs: Apprehended Domestic Violence Orders (ADVOs), which relate to domestic or family relationships, and Apprehended Personal Violence Orders (APVOs), which apply to non-domestic situations like disputes between neighbours. AVOs set conditions that the defendant must follow.
Breaching an AVO is a criminal offence that carries serious consequences. If you are found to have violated the conditions of an AVO, you could face fines, good behaviour bonds, or imprisonment of up to 2 years. The severity of the penalty will depend on the nature of the breach and whether it is a repeat offence. Kingston Fox Lawyers can assist in building a defence to challenge the breach allegation and seek a more favourable outcome.
If you are served with an AVO, Kingston Fox Lawyers can help you understand the conditions of the order, assess the evidence and advise on your options. We can represent you in court to defend against a final order or negotiate changes to the conditions to reduce its impact on your daily life. Our goal is to obtain the best possible outcome for your matter.
Yes, you can defend an AVO application. For an ADVO, the court must consider evidence from both the complainant and the defendant before determining whether there is sufficient evidence that the complainant has fears for their safety and those fears are reasonable. Kingston Fox Lawyers can assist in compiling evidence, preparing your defence, and representing you in court to seek the dismissal of the application for an AVO.
An AVO can have a significant effect, including restrictions on where you can live, work, or visit. It may also impact your relationships and even your eligibility for certain licenses or permits. Kingston Fox Lawyers will work with you to minimise these impacts by negotiating more favourable terms or defending the application if appropriate.
If you are accused of breaching an AVO, seek legal advice immediately. Breaches are taken seriously, and early intervention by a skilled criminal defence lawyer can make a difference in how your case is handled. Kingston Fox Lawyers can evaluate the evidence, advise on your options, and build a defence aimed at challenging the breach charge or defending your case at sentence.
An AVO is not a criminal charge but a civil order designed to protect another person from a threat of harm. However, breaching an AVO is a criminal offence and can result in serious penalties, including imprisonment. Kingston Fox Lawyers can help you navigate both the civil and criminal aspects of AVO matters, ensuring you understand your options and obtain the best outcome.

The legal process can be complex and varies depending on the nature of the charges. It can be stressful, scary and emotionally draining, however, that’s why we’re here. We will guide you through each step, from initial consultation to court appearances and, if necessary, appeals.

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