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The conditions of an apprehended violence order (AVO) are designed to protect a person from another person.  

Apprehended domestic violence orders (ADVOs) govern domestic relationships such as an intimate partner, family member or a person you are living with. Apprehended personal violence orders (APVOs) refer to other relationships such as neighbours, acquaintances and fellow colleagues.

List of AVO Conditions

The following is a complete list of AVO conditions:

Condition 1

1. The defendant must not do any of the following to the protected person or anyone the protected person has a domestic relationship with:

a)  assault or threaten them,

b)  stalk, harass or intimidate them, or

c)  intentionally or recklessly destroy or damage any property or harm an animal that belongs to or is in the possession of them.

Condition 1 is a mandatory condition which must be included in all AVOs.

Condition 2

2. You must not approach the protected person or contact them in any way, unless the contact is through a lawyer.

This means that you cannot contact the PINOP by any means. This includes through phone calls, text messages, social media, family, friends and bank transfers. Even if the PINOP contacts or approaches you, you cannot respond. If this occurs you should contact an AVO lawyer immediately to protect yourself. You can read more about what to do if the protected person breaches an AVO.

Condition 3

3. You must not approach:

a) the school or any other place the protected person might go to for study, 

b) any place they might go to for childcare, or

c) any other place listed here___.

This means that you cannot attend specific places that the PINOP attends. This is often implemented when there are children on the AVO.  

Condition 4

4. You must not approach or be in the company of the protected person for at least 12 hours after drinking alcohol or taking illicit drugs. 

This means that you cannot be with the protected person within 12 hours of drinking alcohol or taking illicit drugs.

Condition 5

5. You must not try to find the protected person except as ordered by a court.

This means that you cannot attempt to locate the PINOP. This includes hiring a private investigator, asking family or friends and conducting online searches.

Condition 6

6. You must not approach the protected person or contact them in any way, unless the contact is:

a)  through a lawyer, or

b)  to attend accredited or court-approved counselling, mediation and/or conciliation, or

c) as ordered by this or another court about contact with child/ren, or

d) as agreed in writing between you and the parent(s) about contact with child/ren, or

e) as agreed in writing between you and the parent(s) and the person with parental responsibility for the child/ren about contact with the child/ren.

This means that you can only contact the protected person under specific circumstances for the purpose of contacting your children. The most common use of this condition is with a parenting plan. This must be agreed and signed by both the defendant and the PINOP. A Sydney AVO lawyer will be able to draft an appropriate parenting plan.

Condition 7

7.  You must not live at:

a)  the same address as the protected person, or

b)  any place listed here ___.

This means that you cannot lives with the protected person.

Condition 8

8. You must not go into:

a)  any place where  the protected  person lives, or

b)  any place where they work, or

c)  any place listed here___ .

This means that you cannot enter the home or workplace of the PINOP.

Condition 9

9. You must not go within ___ metres of:

a)  any place where the protected person lives, or

b)  any place where they work, or

c)  any place listed here___.  

This means that you cannot go within a certain distance of the PINOP’s home, workplace or a particular address.

Condition 10

10. You must not possess any firearms or prohibited weapons.

This means that you cannot have any firearm or prohibited weapon in your custody and control.

Breach of AVO

If you breach the conditions of an AVO, you will be charged with a breach AVO offence pursuant to section 14 of the Crimes (Domestic and Personal) Violence Act 2007.

There is a maximum penalty of 2 years imprisonment. If you contravene an AVO with an offence of violence, then you must be sentenced to full-time imprisonment unless you can show good reasons.

What proof is needed for an AVO?

The applicant for an AVO bears the onus on proof ‘on the balance of probabilities’. This means that they must prove to the court that it is more likely than not an AVO is appropriate in all the circumstances.

Is an AVO a criminal record?

An AVO is not a criminal record. However, there are some consequences with accepting an AVO. These include refusal and/or cancellation of a security licence, firearms licence as well as possible employment restrictions. There are also possible visa and immigration issues that can result from an apprehended violence order.