AVO & Domestic Violence Lawyers Sydney

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

ADVO & APVO Defence Lawyers

An Apprehended Violence Order (AVO) is a court order designed to protect a person from harm. An AVO is a civil order, not a criminal charge – but it is a serious application that if granted, can significantly impact your life.

Kingston Fox Lawyers understand the complexities surrounding AVOs, Apprehended Domestic Violence Orders (ADVOs) and breach allegations and the interplay with family breakdowns. Whether you’ve been charged with an offence relating to domestic violence or are served with an application for an ADVO, we can help you develop a strategy around your case and navigate the legal process with confidence.

Contact Kingston Fox today for a confidential consultation to understand your options.

Apprehended Violence Orders in NSW

An AVO is designed to provide protection for a person from threats, violence, or harassment by another person. There are two types of AVOs in NSW:

Apprehended Domestic Violence Order (ADVO)

An order made when there is a domestic relationship between the defendant and the complainant. This 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, family members).

Apprehended Personal Violence Order (APVO)

An order that can be made where the defendant and the complainant are not, and have not been in a domestic relationship, such between neighbours or co-workers.

All ADVOs and APVOs have one common condition, mandatory Condition 1:

Which states that the defendant must not:

Assault or threaten the protected person and any person they have a domestic relationship with;
Stalk, harass or intimidate that protected person; and

Intentionally or recklessly destroy or damage property belonging to the protected person, or harm an animal that belongs to or is in the possession of the protected person.

Both ADVOs and APVOs can also include other conditions which may restrict the defendant from attending certain places, or coming into contact with the protected person, or being in their presence after drinking alcohol, amongst others.

Meet the Team Behind Your Defence

Alexandra Sarmed

BA LLB, Partner

Phone: 0455 039 707

Erin Hoile

BA LLB LLM, Partner

Phone: 0455 039 660

Shane Arie

LLB, Solicitor

Phone: 0455 039 112

Tim Stern

B.Ed(Hons), M.Bus, JD, Solicitor

Phone: 0457 781 133

Sam Key

Law Clerk

Phone: 02 8360 7811

How Domestic Violence & ADVOs Work

Domestic violence charges in NSW can include criminal offences such as assault, intimidation, damage to property, or sexual offences, that occur within a domestic relationship.

If you’re charged with a domestic violence offence the police will also serve you with a provisional Apprehended Domestic Violence Order (ADVO). Police must apply for an ADVO when a domestic violence charge is laid. Where they are still investigating a criminal offence, police may also apply for a provisional ADVO if they believe that someone requires immediate protection.

A provisional ADVO is enforceable from the date it is served on the defendant. The defendant must comply with each of the conditions until a final determination is made by the court. If there are criminal charges on foot, the ADVO will not be finalised until the criminal matters are determined.

During this 28 day period, a provisional ADVO will have conditions. These conditions can vary from case to case, but generally speaking the standard orders mean that you must not do any of the following to the protected person and/or other family member, or anyone they have a domestic relationship with:

Assault or threaten them
Stalk harass or intimidate them, and
Intentionally or recklessly destroy or damage any property that belongs to or is in the possession of the person requiring protection.

Get In Touch With Kingston Fox Lawyers

If you are facing an AVO or charges of breaching an AVO, get in touch with Kingston Fox Lawyers to speak to a lawyer who can provide confidential, strategic support.

Hear it from our satisfied clients

“A difficult matter that was resolved in my favour”

“Alexandra Sarmed offered me exceptional service and professional assistance with a difficult matter that was resolved in my favour. I couldn’t have asked for any more and I would not hesitate to recommend her to anyone in future. Nor will I ever go anywhere else for legal advice myself. I know if she couldn’t help me she would steer me to the right person for the job.”

A.C

“Frank, understanding, hardworking, and knowledgeable”

“We were incredibly lucky to be referred to Alexandra Sarmed for a complex set of charges against my adult child. From the first meeting, we were struck by her sense of humanity. She supported us throughout the process with her frankness, understanding, warmth, humour, hard work and knowledge. Alexandra found an amazing Barrister and together they achieved the right outcome. We will be forever thankful to Alexandra Sarmed.”

S.D

“Sympathetic and extremely reassuring”

“Erin was wonderful at a time of extreme stress for me. She listened to me and provided professional and helpful advice. She was sympathetic and clear-thinking, expertly guiding me through a process that was foreign to me. This was extremely reassuring. I would strongly recommend Kingston Fox Lawyers to anybody needing legal representation.”

B.F

Contravene AVO (Breach of an AVO)

A contravention or breach of an AVO occurs when the defendant disobeys the conditions set out in the order. An AVO is a civil order, but breaching an AVO is a criminal offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Breaching the conditions of an AVO can lead to serious penalties including imprisonment.

Breaching an AVO can involve both violent and non-violent actions, such as contacting the protected person or being in a prohibited location. The court takes breaches of any conditions seriously. Common examples of a breach include:

Contacting or approaching the protected person in violation of the order.
Approaching or 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

The penalties for breaching an AVO vary depending on the seriousness of the breach and the circumstances surrounding the offence.

Standard breach: knowingly breaching a condition carries a maximum penalty of 2 years imprisonment and/or a fine of up to $5,500.

Breaching with intent to cause harm or fear: knowingly breaching a condition with the intention of causing the protected person physical or mental harm, or causing them to fear for their safety, carries a maximum penalty of 3 years imprisonment and/or a fine of up to $11,000.

Persistent breach: knowingly breaching a condition, on top of at least two other breaches within the preceding 28 days, carries a maximum penalty of 5 years imprisonment and/or a fine of up to $16,500.

Frequently Asked Questions

When will the court make an order?

The court can make a final apprehended violence order when:

The defendant consents to a final order
After evidence is given and the magistrate is satisfied that the complainant (or protected person) has fears for their safety and those fears are reasonable;
Where the AVO has been served on the defendant and they do not attend court.

If a final order is not consented to by a defendant, the court will not make a final decision about the order at the first court date. Instead, the court will first set a timetable for written statements to be exchanged. The matter will then come back before the court to set a date for hearing – that is, a date in the future when witnesses for each side will give evidence.

How long does an AVO stand for?

The default length of an AVO order is two years, but it can vary depending on the order. If the judge does not set an end date, the default duration of an AVO is two years if the defendant is an adult, and one year if the defendant is under 18.

The application and order can vary in length and the protected person can apply for an extension of an AVO.

What is the difference between an AVO, APVO, an ADVO?

AVO is the umbrella term that covers all Apprehended Violence Orders. Apprehended Domestic Violence Orders (ADVOs) apply to domestic relationships, where an Apprehended Personal Violence Order (APVO) relates to the protection of a person where there is no domestic relationship, like neighbours or co-workers.

What should I do if I am accused of breaching an AVO?

If you are accused of breaching an AVO, speak to your lawyer as soon as possible. As mentioned above, breaches are taken very seriously. Early intervention by an experienced lawyer who understands the circumstances can make a huge difference in how the case is handled.

Kingston Fox Lawyers can evaluate the evidence, advise on your options, and build a defence aimed at defending the breach charge or presenting your case at sentence.

Can additional conditions be put in an AVO?

Yes, beyond mandatory Condition 1, mentioned above, other conditions may be included to prohibit:

Approaching or contacting the protected person (unless through a lawyer)
Visiting any school or place the protected person might go to for study or childcare
Approaching or being in the company of the protected person within at least 12 hours after drinking alcohol or taking illicit drugs
Attempting to find the protected person
Living at the same address as the protected person or another address listed on the AVO
Visiting any place where the protected person lives or works or another place listed on the AVO
Going within a particular distance of where the protected person lives, works or another place listed on the AVO
Possessing any firearms or prohibited weapons
Any other conditions as agreed by both parties or decided by the court.

In the case of ADVOs, the court can also include orders about parenting and where children are involved.