AVO Lawyers

Choosing the right AVO lawyer can make a huge difference to the final result.

If an AVO application has been made against you, it is very important to seek legal advice from an experienced criminal lawyer. The court has the power to order an AVO in your absence, so it is very important that you attend court on your ‘mention’ date.

Need more information on Apprehended Violence Orders?

Contact our AVO Lawyers now.

What is an Apprehended Violence Order (AVO)?

An Apprehended Violence Order (AVO) application is usually made when a person alleges that they are in need of protection from another person. The person seeking the AVO is called the ‘protected person’.

There are two types of AVOs / Apprehended Violence Orders:

  • Apprehended Domestic Violence Orders (ADVOs)
  • Apprehended Personal Violence Orders (APVOs)


ADVOs are issued in circumstances where a domestic or family relationship exists. Domestic relationships include:

  • Married couples, couples who live in the same house, couples involved in an intimate relationship
  • People who live in the same house (for example, a brother and sister, or a parent and child)


APVOs are issued in circumstances where the parties are not involved in a domestic or family relationship.

AVO conditions

There are three standard conditions that are included in an AVO. These are referred to as ‘mandatory conditions’. These conditions prohibit you from doing the following:

  • Assaulting or threatening the protected person
  • Stalking, harassing or intimidating the protected person
  • Intentionally or recklessly destroying or damaging property belonging to the protected person.

However, the court can make additional orders if it feels that this would be appropriate. For example, the court might prevent you from going near the protected person, or going near their workplace.

The court can only order an AVO if it is satisfied that the protected person has reasonable grounds to fear that you will be violent towards them, stalk them or intimidate them. It is also necessary for the court to be persuaded that the protected person is fearful.

Who can make an Apprehended Violence Order application?

There are two ways that an Apprehended Violence Order application can be made:

  • The police can make an application on the protected person’s behalf (this is called a ‘police application’); or
  • An individual can apply personally at the local court (this is called a ‘private application’).


If a private application is made, the AVO proceedings become a ‘civil matter’ (as opposed to a criminal matter).

If the court decides not to make an AVO in a civil matter, there is often an opportunity to ask the court to make a costs order against the person who initiated the proceedings. If the court makes this order, the person seeking the AVO will have to pay some of your legal fees.

How can I defend myself against an Apprehended Violence Order?

While AVOs will not show up on your criminal record, they will still show up on a background check. This could affect many areas of your life, including your employment.

Recent Articles

Meet Your Team

Get Legal Advice

Frequently Asked Questions


Hamilton Janke Lawyers are one of the top rated Criminal Law Firms in the region. We treat every client with the respect and commitment they deserve. This commitment to our profession has earned us a reputation which we are very proud.

Jay H
Read More
Fantastic guys. Super professional, dedicated, understanding and tenacious. Nothing was a problem and they made me feel incredibly comfortable. They both made a hugely stressful situation as easy as it could be. Helped me enormously and achieved a great result. I cannot recommend them enough. Don't bother with anyone else - Drew and James should be the first and only stop if you require representation. Thank you both so much.

5 Star Review
Gary Kay
Read More
Hamilton Janke assisted me with my legal matter. James was always available and made sure that I properly understood my options. His knowledge of the law was invaluable. Highly recommend

5 Star Review