ADVO vs APVO in NSW: Understanding the Difference

If you live in Hornsby or a nearby suburb and you have been served with an apprehended violence order (AVO) application, or you are thinking about applying for one, the first thing to work out is which type of order it is. NSW has two types, and the type affects who usually applies, whether mediation is likely, how long the order may last and what can happen if it is breached. If you would like an AVO solicitor in Hornsby to read your papers before your court date, you can speak to our team about your matter.

Court papers can be worrying, especially if this is your first time dealing with a court. The two orders share a lot of ground, and the differences are easier to follow once they are set out side by side. That is what this article does.

An ADVO (apprehended domestic violence order) applies where the people involved have, or have had, a domestic relationship. This includes partners, former partners, relatives and people who live or have lived in the same household.
An APVO (apprehended personal violence order) applies where there is no domestic relationship, for example neighbours, co-workers or acquaintances.
Both orders are made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Both carry the same three mandatory conditions, and knowingly breaching either one is a criminal offence.
The main differences are police involvement, mediation, the registrar’s power to refuse a private APVO application, default duration (2 years for an ADVO against an adult, 12 months for an APVO), the inclusion of children, recognition in other states, and two heavier breach offences that apply to ADVOs only.
An AVO is not a criminal conviction. It can still affect things such as a firearms licence, so it is worth getting advice before you agree to an order or oppose one.

If your matter is listed at Hornsby Local Court, you can call Caspian Legal on 02 7264 3200 to book a consultation before your court date. We can read your papers, explain which order you are dealing with and talk through your options.

If you are in immediate danger, call Triple Zero (000). For confidential support, 1800RESPECT is available on 1800 737 732.

Which Law Applies?

This article applies to New South Wales only. Both types of AVO are made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Applications are usually dealt with in the Local Court. Other states and territories have their own laws and use different names for similar orders.

Key Terms in Plain English

Term	What it means
AVO	Apprehended violence order. A court order that places conditions on one person (the defendant) to protect another person. ADVOs and APVOs are both AVOs.
ADVO	Apprehended domestic violence order. An AVO made under Part 4 of the Act where there is or was a domestic relationship.
APVO	Apprehended personal violence order. An AVO made under Part 5 of the Act where there is no domestic relationship.
Protected person	The person the order is meant to protect. Police paperwork often uses the term person in need of protection.
Defendant	The person the order is sought or made against.
Domestic relationship	Defined in section 5 of the Act. It covers spouses and de facto partners, intimate personal relationships, people living in the same household, long-term residents of the same residential facility, certain carer relationships, relatives, and extended family or kin for Aboriginal and Torres Strait Islander people. Former relationships are included.
Provisional order	An urgent interim order applied for by police and made by an authorised officer or, for ADVOs, a senior police officer. It operates until the court deals with the matter.
Interim order	A temporary order made by the court or a registrar. While in force it has the same effect as a final order.
Final order	The order made at the end of the case, by consent or after a hearing.
Mention	A short court date where the court checks what is happening with the case. It is not the hearing.

What Is an ADVO?

An ADVO protects a person from someone they have, or have had, a domestic relationship with. Under section 16 of the Act, a court may make an ADVO if it is satisfied on the balance of probabilities that the person has reasonable grounds to fear, and in fact fears, a domestic violence offence, intimidation or stalking by the defendant, and the conduct is sufficient to warrant an order. In some situations the person does not need to show actual fear, for example where the protected person is a child.

Most ADVO applications are made by police. Under section 49, a police officer must apply for an order if the officer suspects or believes a domestic violence offence has recently been committed, is being committed, is imminent or is likely to be committed, subject to limited exceptions. A person aged 16 or over can also apply privately through the Local Court registry.

What Is an APVO?

An APVO protects a person from someone they have never had a domestic relationship with. Typical examples are disputes between neighbours, co-workers, former friends or strangers. The test in section 19 is similar to the ADVO test: reasonable grounds to fear, and actual fear of, a personal violence offence, intimidation or stalking.

Many APVO applications are made privately at the Local Court registry, although police can apply as well. Two features are specific to APVOs. First, under section 53, a registrar may refuse to accept a private application that is frivolous, vexatious, without substance or has no reasonable prospect of success, or that could be dealt with more appropriately by mediation. If that happens, the applicant can ask a magistrate to decide whether the application should be accepted. Second, under section 21, the court is to refer the parties to mediation through a Community Justice Centre unless there is good reason not to, such as a history of physical violence.

The court looks at the relationship, not the label on the form. If an application is lodged as an APVO but one of the protected persons has or had a domestic relationship with the defendant, it is treated as an ADVO application, and the reverse also applies (sections 15(2) and 18(2)).

ADVO vs APVO: Key Differences at a Glance

Feature	ADVO	APVO
Relationship	Domestic relationship exists or existed (s 5)	No domestic relationship
Part of the Act	Part 4 (ss 15 to 17)	Part 5 (ss 18 to 21)
Who usually applies	Usually police. Police must apply in the circumstances set out in s 49. Private applications are also possible.	Often the protected person, by private application. Police may also apply.
Registrar can refuse to accept a private application	No equivalent power	Yes, on the grounds in s 53, with review by a magistrate
Mediation	No referral provision	Court is to refer the parties to mediation unless there is good reason not to (s 21)
Duration if the court does not specify a period	2 years, or 1 year if the defendant was under 18 when the application was made (s 79A). An indefinite order is possible in limited circumstances (s 79B).	12 months (s 79)
Children	Where the protected person is an adult, the court must include any child they have a domestic relationship with, unless there are good reasons not to (s 38(2))	No automatic inclusion. The court may extend the order to people the protected person has a domestic relationship with (s 38(1)).
Property recovery order	Available (s 37)	Not available
Other states and territories	Operates across Australia	May need to be registered with a court in the other state or territory
Breach offences	General offence (s 14(1)), plus two aggravated offences for intentional and persistent breaches (s 14(1A) and (1C))	General offence only (s 14(1))
False statements in an application	General law applies	Specific offence of knowingly making a false or misleading statement in an APVO application (s 49A)

The information on interstate recognition comes from the Local Court of NSW.

What Stays the Same for Both Orders

Mandatory conditions. Every AVO prohibits the defendant from assaulting or threatening, from stalking, harassing or intimidating, and from intentionally or recklessly destroying or damaging the property of, or harming an animal belonging to, the protected person or anyone the protected person has a domestic relationship with (section 36). The court can add further conditions, such as no contact or not going within a set distance of a home or workplace.
Standard of proof. The court decides on the balance of probabilities, which is lower than the criminal standard of beyond reasonable doubt.
Consent without admissions. A court may make an order by consent, whether or not the defendant admits any of the allegations (section 78).
Not a conviction. The Local Court of NSW states that an AVO does not give the defendant a criminal record, but criminal charges may follow if the order is breached.
Breach. Knowingly contravening any AVO is an offence with a maximum penalty of 2 years imprisonment, a fine of 50 penalty units (currently $5,500), or both (section 14(1)).

What Happens After an AVO Application Is Made?

The steps below are a general guide. What happens in a particular matter depends on the court, the applicant and the facts.

Read the papers. Check whether the application is for an ADVO or an APVO, who the applicant is, whether a provisional or interim order is already in force, and the court date.
Get advice early. A solicitor can explain what the conditions mean in daily life and what your options are, whether you are the protected person or the defendant.
Attend the first court date (the mention). The court will usually want to know whether the defendant consents to the order or opposes it. If the defendant does not attend and the court is satisfied they had reasonable notice, the court may deal with the matter in their absence.
Mediation, for APVOs. The court will consider referring the parties to a Community Justice Centre. If an agreement is reached, the application may be resolved without a hearing.
If the application is opposed, the court will usually make directions for written statements and list the matter for a hearing on a later date.
Hearing. Each side gives evidence and the magistrate decides whether the legal test is met.
If an order is made, the court explains the conditions and sets how long the order lasts. Either party may later apply to vary or revoke it.

If you are the defendant, the usual options are to consent without admissions, to oppose the application and go to a hearing, or to ask whether different conditions or another resolution is acceptable to the applicant. Which option suits you depends on your circumstances, and each has consequences that are worth discussing with a solicitor first.

Why Timing Matters

AVO court dates tend to arrive quickly. Where police have made a provisional order, the Act requires the first court date to be no more than 28 days after the order was made, subject to court sitting arrangements (section 29(3)). The date is printed on the order, so check it as soon as you are served. Time limits also apply if you want to appeal an order to the District Court. Getting advice soon after you receive the papers gives you more time to prepare and more options.

Documents to Bring to Your First Consultation

The application notice and any provisional or interim order you have been served with
Any court attendance notice, charge sheet, police facts sheet and bail papers, if you have also been charged
Your court date, court location and any letters from the court or police
Relevant messages, emails, call logs, photos or videos, kept in their original form
Any family law orders or parenting plans, and details of any current family law proceedings
Details of any earlier AVOs, mediation or court cases involving the same person
Names and contact details of people who witnessed relevant events
Photo identification

What Not to Do

Do not ignore the papers or miss the court date. The court may make an order without hearing from you.
Do not contact the protected person in a way that a provisional or interim order prohibits, even if they contact you first. The order binds the defendant until a court changes it.
Do not assume that consenting to an order has no consequences. Ask about the effect on firearms licences, work, housing and any family law matter before you decide.
Do not delete messages or other records. They may be needed as evidence.
Do not discuss the case on social media.
Do not make a statement you know is false or misleading in an APVO application. This is an offence under section 49A.
Do not assume an APVO will be enforced in another state without checking whether it needs to be registered there.

Common Mistakes and Myths

Myth	The position in NSW
An AVO is a criminal record.	An AVO is not a criminal conviction. A breach can lead to criminal charges and a conviction.
The protected person can drop a police AVO.	Where police made the application, the police officer is the applicant. The protected person cannot simply withdraw it, although their views may be taken into account.
If the protected person agrees to contact, it is not a breach.	The order binds the defendant until the court varies or revokes it. Agreement from the protected person does not change the conditions.
ADVOs and APVOs are handled in the same way.	The process differs on mediation, registrar screening, default duration, children and recognition in other states.
An APVO is less serious, so a breach does not matter.	Breaching an APVO is the same general offence as breaching an ADVO, with a maximum penalty of 2 years imprisonment.

ADVO and APVO Matters at Hornsby Local Court

AVO matters for people living in Hornsby, Waitara, Asquith, Wahroonga, Normanhurst and Thornleigh are commonly listed at Hornsby Local Court, 294 Peats Ferry Road, Hornsby. The registry is open Monday to Friday. Your papers will state the court and the date, so check them carefully because some matters are listed at other courts.

Caspian Legal is based in Hornsby, close to the courthouse. For clients on the Upper North Shore this means you can meet your solicitor in person without travelling to the Sydney CBD, and a Hornsby Local Court lawyer who attends the court regularly will be familiar with how its lists run. We assist both protected persons and defendants in ADVO and APVO matters.

What Happens in a First Consultation

We read the application, any order already in force and any related charges.
We confirm whether the matter is an ADVO or an APVO and explain what that means for mediation, duration and the court process.
We explain the conditions in practical terms, including what you can and cannot do while an interim order is in place.
We talk through your options, the likely steps and timeframes, and our costs.
You decide how you would like to proceed. There is no obligation to go further.

Frequently Asked Questions

How do I know whether my order is an ADVO or an APVO?

The application notice and any order will state the type. It depends on whether there is or was a domestic relationship between the defendant and at least one protected person. If you are unsure whether your relationship falls within section 5 of the Act, a solicitor can check this for you.

Will an ADVO or APVO show up on my criminal record?

An AVO is a civil order, not a conviction, and the Local Court of NSW states that it does not give the defendant a criminal record. It can still have other effects. For example, a firearms licence is suspended when an interim AVO is made and revoked when a final AVO is made. A conviction for breaching an AVO is a criminal matter and will be recorded.

Can I apply for an APVO myself without going to the police?

Yes. A person aged 16 or over can apply at a Local Court registry. The registrar may refuse to accept the application on the grounds in section 53, and you can ask a magistrate to review that decision. Where every person to be protected is under 16, the application generally has to be made by a police officer.

How long does each order last?

The court sets the period it considers necessary for the protected person’s safety. If no period is specified, an APVO lasts 12 months and an ADVO lasts 2 years, or 1 year where the defendant was under 18 when the application was made. In limited circumstances a court may make an ADVO of indefinite duration.

Is mediation compulsory for an APVO?

The court is to refer APVO parties to mediation unless it is satisfied there is good reason not to. Matters the court considers include any history of physical violence, conduct amounting to a personal violence offence or stalking and intimidation, certain types of harassment, and whether mediation has already been tried without success. There is no equivalent referral provision for ADVOs.

Does my NSW order apply in other states?

According to the Local Court of NSW, an ADVO operates nationally and the defendant must comply with it anywhere in Australia. An APVO does not apply automatically outside NSW. If the protected person moves interstate, they can register the APVO with a court in that state or territory.

What is the penalty for breaching an ADVO or APVO?

The general offence of knowingly contravening an AVO has a maximum penalty of 2 years imprisonment, a fine of $5,500, or both. For ADVOs only, there are two further offences: breaching with intent to cause harm or fear (maximum 3 years imprisonment, $11,000, or both) and persistent breach, which covers three or more knowing breaches within 28 days where a reasonable person would consider the conduct likely to cause harm or fear (maximum 5 years imprisonment, $16,500, or both). These are maximum penalties. The outcome in any case depends on the facts.

Can I agree to an AVO without admitting anything?

Yes. Section 78 allows the court to make an order by consent whether or not the defendant admits the allegations. The order is still enforceable in full, so it is sensible to get advice on the conditions and the duration before consenting.

Speak With Caspian Legal in Hornsby

Whether you need protection or have been served with an application, it helps to understand which order you are dealing with before your first court date. If you would like to talk to an AVO solicitor in Hornsby, contact Caspian Legal to discuss your options before taking the next step.

Caspian Legal Pty Ltd Suite 1, 22-28 Edgeworth David Avenue, Hornsby NSW 2077 Phone: 02 7264 3200 Website: caspianlegal.com.au (online enquiry form and booking) We assist clients in Hornsby and surrounding Upper North Shore suburbs, including Waitara, Asquith, Wahroonga, Normanhurst and Thornleigh.

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About the Reviewer

Reviewed by Ryan Lasaki, Principal Solicitor, Caspian Legal. Ryan is a solicitor admitted in New South Wales and appears in Local Court matters, including AVO applications. Caspian Legal has been operating since 2015.

Disclaimer

This article is general information only and is not legal advice. It reflects the law in New South Wales as at the last updated date shown above. Laws and court procedures change, and how they apply depends on your circumstances. You should obtain legal advice about your own situation before acting on anything in this article.

Sources

Crimes (Domestic and Personal Violence) Act 2007 (NSW), NSW legislation website (current in-force version), sections 5, 14, 15, 16, 18, 19, 21, 22, 29, 36, 37, 38, 48, 49, 49A, 53, 57, 78, 79, 79A and 79B.
AustLII section pages for the same Act: s 14, s 16, s 19, s 21, s 53, s 79, s 79A.
Local Court of NSW, Apprehended Violence Orders (AVOs) (types of AVO, interstate recognition, criminal record).
Local Court of NSW, Court Locations H (Hornsby Local Court address and registry hours).
NSW Department of Communities and Justice, media release on new ADVO breach offences (maximum penalties for intentional and persistent breach).
Legal Aid NSW, Breaching your apprehended violence order (enforcement of ADVOs and APVOs).
NSW Bureau of Crime Statistics and Research, Apprehended violence orders (default durations and description of order types).