What Are Apprehended Violence Orders?

An Apprehended Violence Order (AVO) is a court order designed to protect you from violence, harassment, intimidation, stalking, or other threatening behaviour. AVOs are also known as Intervention Orders, Restraining Orders, Protection Orders, Domestic Violence Orders, or Family Violence Orders depending on your state or territory.

An AVO can protect you from various forms of abuse and threatening behaviour, including:

• Psychological or emotional abuse – Intimidation, threats, and controlling behaviour
• Physical abuse – Assault, pushing, hitting, or other violent contact
• Sexual abuse – Any unwanted sexual contact or behaviour
• Stalking – Following, watching, or persistently contacting you
• Harassment – Repeated unwanted contact by phone, text, email, or in person
• Intimidation – Behaviour designed to frighten or control you
• Property damage – Damaging or threatening to damage your belongings

AVOs can also include orders protecting your property from damage or destruction.

Types of Apprehended Violence Orders

There are two main types of AVOs in New South Wales, with similar frameworks existing in other states and territories.

Apprehended Domestic Violence Orders (ADVO)

An ADVO applies when you are in, or have been in, a domestic relationship with the person you need protection from. A domestic relationship includes situations where you:

• Are or were married to the person
• Are or were in a de facto relationship
• Are or were in an intimate personal relationship
• Live together or have lived together
• Have a relationship where one person cares for the other (paid or unpaid)
• Are relatives or family members
• For Aboriginal or Torres Strait Islander people, are part of each other's extended family or kin according to Indigenous kinship systems

Apprehended Personal Violence Orders (APVO)

An APVO applies when you need protection from someone you are not in, and have not been in, a domestic relationship with. This is the most relevant type of AVO for neighbour disputes. You may need an APVO for protection from:

• Neighbours – People living near you who are harassing, threatening, or intimidating you
• Co-workers or customers
• Former friends or acquaintances
• Strangers
• Any other person you have reason to fear

When Can You Get an AVO?

You can apply for an AVO if you are experiencing violence or have reasonable grounds to fear violence. Specific circumstances that may justify an AVO include:

• You are in fear of being assaulted or harmed
• You are being intimidated, harassed, or threatened (in person, by phone, text, email, social media, or other means)
• You are being stalked at your home, workplace, or other places you frequent
• Someone is damaging or threatening to damage your property
• You have been physically assaulted or threatened with assault
• You fear for your safety or the safety of your family members

The court must be convinced that:

1. You have reasonable grounds to fear the defendant (the person the AVO is against)
2. Your fear is justified based on the defendant's conduct
3. An order is necessary to protect you

The court decides based on "the balance of probabilities," meaning something is more likely to be true than not. Detailed documentation of incidents significantly strengthens your case.

Understanding Stalking

Stalking is a crime in all Australian states and territories. Under NSW law (Crimes (Domestic and Personal Violence) Act 2007), stalking includes following a person, watching or frequenting the vicinity of their residence, business, work, or any place they visit for any activity.

Stalking involves a persistent course of conduct or actions intended to maintain contact with, or exercise power and control over, another person. These actions cause distress, loss of control, fear, or harassment and occur more than once.

What Constitutes Stalking?

You may be experiencing stalking if someone is:

• Repeatedly following or spying on you
• Watching your home, workplace, or other locations you frequent
• Repeatedly calling, texting, or emailing you without your consent
• Leaving unwanted messages on social media (Facebook, Instagram, etc.)
• Leaving notes, gifts, or items at your home, car, or workplace
• Repeatedly showing up at places you go without legitimate reason
• Vandalizing or damaging your property
• Threatening you or people close to you
• Staring at you persistently and deliberately
• Driving past your home repeatedly without legitimate purpose

The key element is that these behaviours happen repeatedly, are intentional, occur against your will, and cause you to develop fear or believe harm could come to you.

Recognizing Stalking Patterns

People being stalked often only realize they're being stalked after identifying a pattern of strange or suspicious incidents. Common patterns include:

• Regular unwanted phone calls, texts, or messages
• Notes or items left on your car or property
• An awareness that you're being followed or watched
• The same person appearing in multiple locations you visit
• Being continually stared at by the same person
• Your daily routine being disrupted by another person's actions

Stalking victims often develop a sense of loss of control over their lives and are forced to change their routines and behaviours to feel safe. This impact on your daily life is itself evidence of the seriousness of the stalking.

Who Can Be a Victim of Stalking?

Anyone can be a victim of stalking. Stalkers can be former intimate partners, acquaintances, neighbours, relatives, strangers, or any other person.

If you are a victim of stalking, understand that:

• You are not responsible for the stalker's behaviour
• You should not be blamed in any way
• Stalking is a crime that should be reported to police
• Police can investigate and take action to protect you

Research shows that people who have recently experienced violence are more likely to also experience stalking. If you've recently left an abusive relationship or had a serious conflict with a neighbour, be particularly aware of stalking behaviours and report them immediately.

How to Apply for an AVO

There are several ways to obtain an AVO depending on your circumstances and the urgency of the situation.

Information You'll Need

When applying for an AVO, you'll need to provide:

• Your personal details and contact information
• Details of the person you want the AVO against (name, address, description)
• Your relationship to that person (neighbour, ex-partner, etc.)
• Detailed description of incidents that have occurred (dates, times, what happened)
• Evidence such as photos, videos, text messages, emails, witness statements
• Your diary or log of incidents (critical for establishing patterns)
• Police event numbers from previous reports
• Medical reports if you've been injured

What Conditions Can Be Included?

AVOs can include various conditions tailored to your specific situation. Common conditions include orders that the defendant must not:

• Assault, threaten, stalk, harass, or intimidate you
• Contact you by any means (phone, text, email, social media, in person)
• Come within a certain distance of you (e.g., 100 meters)
• Come near your home, workplace, or other specific locations
• Damage or threaten to damage your property
• Approach you while affected by alcohol or drugs
• Possess firearms or weapons

Conditions can be adapted to the specific circumstances of your case and the nature of the threats or harassment you're experiencing.

Recording Stalking and Harassment Incidents

Documenting every incident of stalking, harassment, or threatening behaviour is absolutely essential. This documentation forms the foundation of your AVO application and demonstrates the pattern of behaviour to police and courts.

What to Record

For each incident, document:

• Date and time – Be as specific as possible
• Location – Where the incident occurred
• What happened – Detailed description of the behaviour or incident
• What was said – Exact words if possible, especially threats
• How you felt – Your emotional response (frightened, intimidated, etc.)
• Witnesses – Names and contact details of anyone who saw or heard the incident
• Evidence – Photos, videos, audio recordings, screenshots
• Police contact – Event number if you reported it
• Impact – How the incident affected your daily life or routine

Preserving Electronic Evidence

If stalking or harassment involves technology:

• Do not delete emails, text messages, voicemails, or social media messages
• Take screenshots of all online communications and save them with dates
• Save voicemail messages and record them if possible
• Keep the original devices or SIM cards if possible
• Document phone numbers, email addresses, and social media accounts used
• Note the frequency and timing of unwanted contact

Physical Evidence

• Keep any letters, notes, or packages received from the stalker
• Handle items carefully to preserve potential forensic evidence
• Photograph any property damage immediately
• Save any unwanted gifts or items left for you
• Take photos of the stalker if you can do so safely

Even if you're not ready to pursue charges immediately, document everything. This creates a comprehensive record that strengthens your case if you decide to take action later. Police often need to see a pattern of behaviour, which only becomes clear through detailed documentation over time.

The Court Process

Understanding what happens in court can help reduce anxiety about the AVO process.

Interim Orders

When you first apply for an AVO, the court may grant an interim (temporary) order for your immediate protection while the matter is being heard. Interim orders remain in place until the court makes a final decision.

Court Hearings

If the defendant (the person the AVO is against) contests the order, there will be a hearing where both sides present evidence. You may need to:

• Give evidence about what happened
• Present your documentation and evidence
• Answer questions from the defendant's lawyer
• Have witnesses testify on your behalf

Consent Orders

The defendant may agree to the AVO without admitting to the allegations. This is called a "consent order" and means the AVO is put in place without a contested hearing. The defendant must still obey all conditions of the order.

Final Orders

If the court grants the AVO, it will specify:

• How long the order lasts (typically 2 years, but can be longer)
• Specific conditions the defendant must follow
• Consequences for breaching the order

After Getting an AVO

Once an AVO is in place, it's important to understand your ongoing rights and responsibilities.

Keep a Copy

Always keep a copy of the AVO with you so you can show it to police if needed. You may want to keep copies at home, work, in your car, and with trusted friends or family.

If Conditions Are Breached

Report any breach immediately to police. Provide them with:

• Details of what happened
• When and where the breach occurred
• Any evidence (texts, photos, witness statements)
• A copy of the AVO

Varying or Extending an AVO

If circumstances change, you can apply to have the AVO varied (conditions changed) or extended (time period lengthened). This might be necessary if:

• The current conditions aren't providing adequate protection
• The AVO is approaching its expiry date but you still fear the defendant
• New circumstances require different protections

Revoking an AVO

An AVO can be revoked (cancelled) if both parties agree and the court approves. However, think carefully before seeking revocation. If you have any ongoing concerns about your safety, it's generally safer to let the AVO remain in place.

State and Territory Information

While this page focuses on NSW legislation, all Australian states and territories have similar protective order systems with different names and procedures.

Getting Help and Support

You don't have to face this alone. There are many services available to help you through the protection order process and provide ongoing support.

National Support Services

State and Territory Legal Aid Services

Each state and territory has legal aid services that provide free legal advice and assistance with protection orders:

State Victims Services

Community Legal Centres

Community legal centres across Australia provide free legal advice and assistance with protection orders. Find your local centre:

• NSW: Community Legal Centres NSW
• Victoria: Federation of Community Legal Centres
• Queensland: Community Legal Centres Queensland
• WA: Community Legal Hub WA
• SA: Community Legal Centres SA
• Tasmania: Community Legal Centres Tasmania

Police Support

Most police stations have specially trained Domestic Violence Liaison Officers (DVLOs) or Family Violence Liaison Officers who can provide expert assistance with protection orders and safety planning. When you contact police, ask to speak with a DVLO/FVLO about your situation.

Emergency: If you are in immediate danger, call 000. Police can provide immediate protection and help you apply for an emergency protection order.

Important Reminders

• Document everything – Keep detailed records of every incident, no matter how minor it seems
• Report to police – Get an event number for every report you make
• Don't engage – Avoid contact with the person stalking or harassing you
• Tell others – Inform family, friends, employers, and neighbours about the situation so they can help protect you
• Safety first – If you're in immediate danger, call 000
• Seek support – Contact counseling services and support organizations
• Legal advice – Get professional legal advice about your specific situation
• Trust your instincts – If you feel unsafe, take action to protect yourself