How the law can help in a domestic and family violence situation

An apprehended violence order, or AVO, is a court order that protects you from someone you fear. While police can immediately issue an AVO to provide short term protection, it will then be made into an interim or final order by a court. AVOs are sometimes referred to as restraining orders or protection orders.

All AVOs say that the person you’re afraid of (the defendant) must not assault, harass, threaten, stalk or intimidate you, or anyone you have a domestic relationship with, or damage your property or harm your pets.

Depending on what has happened to make you afraid, extra conditions may also be included on the AVO to stop the defendant from doing things like contacting you or going near where you live or work. If you would like extra conditions to also cover someone you’re in a domestic relationship with, such as your children, then you should ask the police or court to name your children as protected persons in the AVO. Generally, police should name children in an AVO unless there are good reasons not to.

There are 2 types of AVOs:

• An apprehended domestic violence order (ADVO) is made where the people involved have a domestic relationship which includes being related, living together or in an intimate relationship. In the case of Aboriginal and Torres Strait Islander people, an ADVO can also be made where the people involved are part of the same kinship group.
• An apprehended personal violence order (APVO) is made where the people involved are not related and do not have a domestic relationship. For example, neighbours or work colleagues.

An AVO is automatically recognised and enforceable in all Australian states and territories.

Most AVOs in NSW are taken out by police on behalf of the victim-survivor. You also have the option to apply for an order through the court.

If an AVO is made, conditions can be added for your safety.

If you need to get your personal belongings from the defendant’s home, or the defendant needs to get their belongings from your home, the court can make a property recovery order when the AVO is made.

When the police investigate a domestic or family violence incident, they will usually ask to take your statement. You don’t have to consent to this request.

Police can apply for an AVO for your protection even if you don’t provide a statement and they’re concerned about your safety.

Sometimes the police will video or audio record your statement – this is called domestic violence evidence in chief. They may use your statement when charging the defendant with a criminal offence or when applying for an AVO for your protection.

Police can apply for an AVO with just your statement, but you should tell police if there is other evidence that supports what you’ve told them. For example, if you have photographs of injuries or can show them harassing text messages that the defendant has sent you, you should provide these to the police.

The police officer in charge (whose name will be on the first AVO) or a NSW Police domestic violence officer can talk to you about what information you can include as evidence. All police area commands have a domestic violence officer, often called a DVO. You can use the Empower You app, created by eSafety and NSW Police, to record evidence, which could be used in court.

The Women’s Domestic Violence Court Advocacy Service and police prosecutors run domestic violence hearing clinics that can prepare you for what happens at court hearings. They will discuss the hearing process and answer your questions. The clinic will not focus on your individual case.

The police automatically refer all victim-survivors with an AVO for support, regardless of gender, to either the advocacy service or NSW Victims Services. These services will contact you by phone before you go to court. They can also arrange for you to attend a domestic violence hearing clinic in your area.

If you’re making a private application for an AVO, you need to prepare for your court hearing by meeting with your solicitor if you will be represented. If you won’t be represented, you can get free legal advice by contacting Law Access or your closest community legal centre.

If you’re represented or not, you need to follow all orders and directions made by the court. This includes when witnesses need to give their written statements to court and ensuring you’ve told the court about current family law orders or evidence you would like to rely on.

Family law orders are parenting or financial orders made by the Federal Circuit and Family Court of Australia. They cover parenting arrangements for a child or the separation of assets between you and your former partner or spouse. You must tell the court if you have family law orders in place.

If you have an AVO and a family law parenting order, the parenting order will generally override the AVO if the order states different things. You should get legal advice if you have an AVO and a parenting order to get a better understanding of how these orders interact.

If you’re preparing to go to court for an AVO, you can find more information about the court process on the Legal Aid NSW website.

There are some domestic violence protections for some partner (spousal) visas. If your relationship breaks down due to domestic or family violence, you may still be able to apply for permanent residency.

Select ‘immigration support’ in the search tool below for a list of services.

If you’ve experienced domestic or family violence, you could be entitled to financial support.

Victims’ rights are set out in the Charter of Victims Rights, adopted by the NSW Government. These rights include being treated with courtesy, compassion and respect.

Support services, including free counselling and financial assistance to victims of crime are provided by Victims Services NSW.