Finding yourself facing an Apprehended Violence Order (AVO) in NSW can be overwhelming. It becomes even more troubling when one suspects that such orders were made in an applicant’s favour by misrepresentation. These false charges or exaggerations can ruin reputations, deny freedoms, and cause nothing but trouble for all parties involved.

We at Daniel Wakim Law Firm understand that handling the aftermath of an emotionally charged, often painful, and legally arduous wrongful AVO brings with it immense mental anguish and tremendous difficulty. Our team believe that a single accusation—or one mistake—should not define your future or limit your rights.

We aim to help you face the AVO and have your side of the story heard. From collecting evidence to fight it, and representing you in court, we offer every strategic legal support that is needed to secure your freedom.

Let’s explore the legal options available, how long an AVO can last, and how you can fight to clear your name.

Let’s Know the Types of AVOs: ADVOs and APVOs

In NSW, AVOs are classified into two main types:

  1. Apprehended Domestic Violence Order (ADVO):
    This category of AVO refers to those cases wherein the individuals involved are, or have been, in a domestic relationship. Examples are spouses, de facto partners, or family members.
  2. Apprehended Personal Violence Order (APVO):
    This type applies to situations where the parties do not share a domestic relationship. For instance, it might involve neighbors, coworkers, or acquaintances.

Applying for an AVO in NSW

Upon an application for an AVO, the process commences with the serving of the application upon the defendant. The matter is then listed for mention in the Local Court (or the Children’s Court where the defendant is under 18).

  • If the defendant consents to the AVO, the court usually makes a final order straight away.
  • If the defendant does oppose the AVO, the case is put down for a contest hearing, at which evidence is led for the court to then determine whether the AVO is warranted.

So as to provide protection for the applicant throughout this process, it is common for an interim AVO to be granted by the court.

Interim AVOs: How Long Do They Last?

An interim AVO is a temporary order that remains in effect until the court makes a final decision.

  • Section 24 of the Crimes (Domestic and Personal Violence) Act 2007 states that an interim AVO holds the same legal weight as a final AVO.
  • The order stays in force until it is either replaced by a final order or revoked by the court.

Final AVOs: Duration and Specific Conditions

The duration of a final AVO depends on the court’s determination. According to Section 79 of the Act, the court can set the duration as long as necessary to protect the individual seeking protection. If no specific duration is mentioned, default periods apply:

  1. For Apprehended Personal Violence Orders (APVOs):
    • The order remains in effect for 12 months unless extended by the court.
  2. For Apprehended Domestic Violence Orders (ADVOs):
    • If the defendant is an adult, the order lasts for two years from the date it is issued.
    • If the defendant is a minor, the order lasts for one year, unless otherwise specified.

Factors Influencing the Duration of a Final AVO

When determining how long does an AVO last in NSW, the court considers several factors, including:

  • The circumstances of the defendant:
    For minors, the court evaluates the impact of issuing an order exceeding the default period of one year.
  • The circumstances and views of the protected person:
    The protected person’s safety and preferences are heavily considered.
  • Evidence presented during the hearing:
    Material relied upon by the court to justify the AVO plays a role in deciding its duration.
  • Any other relevant factors:
    The court may consider any additional matters it deems important for the safety of the protected person.

Varying, Revoking, or Extending an AVO

Under Section 73, parties to an AVO can apply to the court to vary, revoke, or extend an order. Common reasons for such applications include changes in circumstances or the need for additional protection.

The court can make the following adjustments to an existing AVO:

  • Extending or reducing its duration:
    If circumstances have changed, the court can modify how long the AVO remains in effect.
  • Amending or adding prohibitions:
    Provisions within the AVO can be altered or expanded to enhance protection.

The court may refuse to hear an application if it finds no significant change in circumstances since the order was issued.

Does an AVO Show Up on a Police Check?

An AVO is a civil order and does not appear on a police check. However, breaching the conditions of an AVO is a criminal offence, which will show up on the defendant’s criminal record and police check.

Key Takeaways

  • Interim AVOs remain in force until replaced by a final order or revoked.
  • Final AVOs last for 12 months (APVOs) or up to two years for adult defendants (ADVOs).
  • Courts assess several factors, including the safety of the protected person, to determine the duration of an AVO.
  • An AVO can be varied, revoked, or extended if circumstances change.

If you require assistance with an AVO or other legal matters, seek advice from an experienced legal professional.

AVOs in NSW — Seek Expert Legal Assistance

AVOs can be a complex area to navigate, especially when it comes to understanding how long does an AVO last in NSW, what they mean for you and the legal obligations required. If you require legal advice or representation for any AVO-related matter, please contact our criminal defence lawyer at Daniel Wakim Law Firm.

If you want assistance applying for an AVO, fighting back against one, or need facts about your privileges, our family lawyers can help you through throughout.