Does an AVO give you a criminal record?

No. A final AVO does not appear in a criminal record check or criminal history. Breaching an AVO is a criminal offence, and a conviction for breach does appear.

How long does an AVO last in NSW?

An ADVO lasts for the period the court sets, or 2 years by default (1 year if the defendant was under 18 when the application was made). An APVO lasts for the period the court sets, or 12 months by default.

Can the protected person be charged for contacting the defendant?

No. Section 14(7) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) says a protected person is not guilty of aiding or abetting a breach of their own order. The conditions bind only the defendant.

Can an AVO affect a firearms licence?

Yes. According to Legal Aid NSW, a final AVO automatically revokes a firearms licence, and the defendant must wait 10 years before applying for a new one.

Does the defendant have to pay the applicant's legal costs?

Only professional costs can be awarded in AVO proceedings, under section 99 of the Act. Legal Aid NSW notes that a defendant who opposes an application is unlikely to recover their own legal fees from the applicant.

What Is an AVO in NSW? Conditions, Breaches & Court

An apprehended violence order (AVO) in NSW is a court order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) that prohibits a named person, the defendant, from assaulting, threatening, stalking, harassing or intimidating the protected person. Breaching an AVO is a criminal offence with a maximum penalty of 2 years' imprisonment, a fine of 50 penalty units ($5,500), or both.

Police, or the person who needs protection, apply to the Local Court; the Children's Court hears applications against young people under 18. A defendant who has been served has three main choices at the first court date: consent to the order without admissions, oppose it and ask for a hearing, or ask for an adjournment to get advice. Because breaches are prosecuted as crimes, many defendants use Criminal Lawyers in Australia for AVO matters.

ADVO vs APVO: what is the difference?

The difference is the relationship between the two people. An apprehended domestic violence order (ADVO) protects someone who has or had a domestic relationship with the defendant. An apprehended personal violence order (APVO) covers everyone else, such as neighbours, co-workers and acquaintances.

Feature	ADVO	APVO
Relationship	Domestic relationship (section 5)	No domestic relationship
Examples	Current or former spouse, de facto or intimate partner; people in the same household; relatives; carers	Neighbours, co-workers, acquaintances
Test for a final order	Section 16: reasonable grounds to fear, and actual fear, of a domestic violence offence, intimidation or stalking	Section 19: reasonable grounds to fear, and actual fear, of a personal violence offence, intimidation or stalking
Police must apply	Yes, when police suspect a domestic violence offence (section 49)	No
Mediation referral	Section 21 does not apply	Court must refer to mediation unless there is good reason not to (section 21)
Registrar can refuse to issue	No	Yes, for private applications that are frivolous or better dealt with by mediation (section 53)
Default length of a final order	2 years; 1 year if the defendant was under 18 when the application was made (section 79A)	12 months (section 79)

A domestic relationship under section 5 also includes relationships of dependence on paid or unpaid care, and, for Aboriginal and Torres Strait Islander people, extended family or kin.

What types of AVO orders are there?

There are 3 stages of AVO: provisional, interim and final.

Provisional order. Police make a provisional order when the protected person needs immediate protection, often after an incident. It is made by an authorised officer or a senior police officer (sections 28 and 28A) and counts as an application to the court (section 29). The first court date must be no more than 28 days after it is made.
Interim order. A court makes an interim order when it is necessary or appropriate while the application is decided (section 22). It can be made even if the defendant is not in court and has not been told about the proceedings. It lasts until a final order is made or the application is dismissed.
Final order. A court makes a final order after a hearing, on the balance of probabilities, or by consent. When a person pleads guilty to, or is found guilty of, a serious offence as defined in the Act, the court must make a final order for the victim (section 39).

When a person is charged with a serious offence, the court must also make an interim order for the alleged victim whether or not anyone has applied for one (section 40).

What conditions does an AVO have?

Every AVO contains 3 mandatory prohibitions under section 36. The defendant must not:

assault or threaten the protected person or anyone they have a domestic relationship with;
stalk, harass or intimidate the protected person or anyone they have a domestic relationship with;
intentionally or recklessly destroy or damage property, or harm an animal, that belongs to or is in the possession of the protected person or anyone they have a domestic relationship with.

The court can add further conditions under section 35. Common additional conditions stop the defendant from contacting the protected person except through a lawyer, from going within a set distance of their home or workplace, or from living at a shared home (an exclusion order). A court can also make a property recovery order under section 37 so either person can collect belongings.

An ADVO can be made for an indefinite period under section 79B if the defendant is an adult, the applicant asks for it, and there is a significant and ongoing risk of death or serious harm that a time-limited order cannot manage.

What is the penalty for breaching an AVO?

The maximum penalty for breaching an AVO is 2 years' imprisonment, 50 penalty units, or both, under section 14(1). A NSW penalty unit is $110 under section 17 of the Crimes (Sentencing Procedure) Act 1999 (NSW). Two aggravated breach offences apply to ADVOs, as at September 2026:

Offence	Section	Maximum penalty
Knowingly breaching any AVO	14(1)	2 years, 50 penalty units ($5,500), or both
Breaching an ADVO intending to cause physical or mental harm, or fear for safety	14(1A)	3 years, 100 penalty units ($11,000), or both
Breaching an ADVO when there were at least 2 other breaches in the 28 days before, likely to cause harm or fear	14(1C)	5 years, 150 penalty units ($16,500), or both

If the breach was an act of violence, the court must impose imprisonment unless it orders otherwise and gives reasons (sections 14(4) and 14(6)). This rule does not apply to people under 18. A person is only guilty if they were served with the order or were in court when it was made (section 14(2)).

How do you respond to an AVO application?

A defendant responds at the first court date, called the first mention. Legal Aid NSW lists these options.

Consenting without admissions

Consent without admissions means agreeing to the order without admitting any of the allegations. Section 78 allows the court to make a final or interim order by consent whether or not the defendant admits the particulars. The order has the same effect as one made after a hearing, and breaching it is still an offence.

Defending the application

A defendant who opposes the order asks for a hearing. The court usually sets a timetable for both sides to exchange written statements and lists a further mention to check they have been filed. The defendant does not give their account until the hearing. At the hearing, the applicant must prove the grounds in section 16 or section 19 on the balance of probabilities. An interim order usually stays in place until then.

Other responses

Undertaking. The defendant signs a promise to the court. It is not a court order and cannot be enforced by police.
Cross-application. A defendant who fears the protected person can apply for their own AVO.
Not attending. The court can make the order in the defendant's absence or issue an arrest warrant.

Applying for an AVO

A person applying privately files the application at the Local Court. An APVO application can be refused if it is frivolous, vexatious or better handled by mediation, unless police made it. When police suspect a domestic violence offence, they must apply for the person (section 49).

What are the consequences of an AVO for the defendant?

A final AVO does not appear on a criminal record, but it has practical effects:

Firearms. A firearms licence is revoked, and the defendant must wait 10 years to reapply. Firearms must be disposed of or destroyed.
Security licence. A security licence can be cancelled or refused.
Home. An exclusion order requires the defendant to live elsewhere.
Visas. A temporary visa or citizenship application can be affected.
Children. AVO conditions interact with parenting arrangements, which are a family law matter.

Can an AVO be changed or cancelled?

Yes. Either party can apply to the court to vary or revoke an AVO (section 72A). Where police applied for the order, police are notified. The court considers the safety of the protected person before changing any condition.

When should you speak to a criminal lawyer about an AVO?

Speak to a criminal lawyer before the first mention, and before signing any consent to an order. A lawyer can advise whether to consent without admissions or defend the application, how the conditions interact with any criminal charge, and what a breach would mean. Duty lawyers are available at every NSW Local Court.

Compare Criminal Lawyers in Australia, or search locally for Criminal Lawyers in Sydney and Criminal Lawyers in Parramatta. Where an AVO overlaps with separation, parenting or property, Family Lawyers in Sydney advise on the family law side.