What an order means

Find the stage you are actually at

An apprehended violence order runs through stages, and what you can do depends entirely on which one you are in. An interim order is not a final order; consenting is not pleading guilty; and a breach allegation is a criminal charge, not an argument about the order.

General information, not legal advice. This page sets out how the law generally applies. It does not take account of your circumstances, and you should get advice about your own situation before acting on it. The official sources this page is written from are listed on it; where they differ from anything here, they are the authority.

An AVO is a civil order, not a criminal conviction. That single distinction decides most of what follows — what a court is deciding, what it can order, and what it means to agree to one.

Contravening an order, on the other hand, is a criminal offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). If that is what you have been charged with, start there.

Where the order is now

Orders start provisionally or on an interim basis and are finalised later. Which stage you are at decides what is open to you.

Interim and provisional orders

Orders made before the matter is decided. They are enforceable straight away, and how you respond to one shapes the final hearing.

Consent without admissions

Agreeing to a final order without admitting the allegations. What it does and does not mean.

Contested AVO hearings

What has to be proved, on what standard, and what a hearing actually involves for everyone who has to attend.

Changing or ending an order

Varying an AVO

Changing the conditions of an order that is already in force, including where circumstances have changed since it was made.

Revoking an AVO

Applying to end an order before it expires, who may apply, and what a court will want to know.

When it becomes criminal

Alleged breach of an AVO

Contravening an order is a criminal offence with a criminal standard of proof. What the prosecution has to establish, including that you knew of the order.

Related criminal charges

AVO applications often travel with charges arising from the same events. How the two proceedings interact, and why one can decide the other.

Where children are involved

AVOs and children

How an order interacts with parenting arrangements and family law orders, and what happens when a child is named as a protected person.

An order affects more than your movements

Which stage are you at?

Tell us what document you were given, what it is called and the next date on it. That is usually enough to say what is open to you.

Official sources