Private AVOs at Hornsby Local Court
What Is a Private AVO?
An Apprehended Violence Order (AVO) is a civil order made by the Local Court to protect a person from violence, intimidation or stalking. Most AVOs are applied for by NSW Police on a person’s behalf. A private AVO is different — you (the person seeking protection) file the application yourself at the Local Court registry, and you are responsible for running the case, including preparing your own evidence.
There are two types of AVO:
- Apprehended Domestic Violence Order (ADVO) — where you have or had a domestic relationship with the other person (for example, a partner, family member, or someone you live with).
- Apprehended Personal Violence Order (APVO) — where there is no domestic relationship (for example, a neighbour, colleague, or acquaintance).
Private applications are most common for APVOs. Police can still apply for an ADVO or APVO on your behalf, and if they are prepared to do so, they will generally run the case for you — you will not usually need your own lawyer for a police application.
Key terms explained
- PINOP — the “person in need of protection”, sometimes called the protected person.
- Defendant — the person the order is sought against.
- Interim order — a temporary order the court can make under section 22 while the final application is being decided.
- Final order — the order made after the court has heard the matter, whether by consent or after a defended hearing.
- Mediation — an attempt, usually through Community Justice Centres, to resolve the dispute without a final order.
- Contravene / breach — knowingly failing to comply with a condition of an AVO, which is a criminal offence.
ADVO vs APVO: Which One Applies to You?
| Feature | ADVO (Domestic) | APVO (Personal) |
| Relationship required | Domestic relationship (partner, family, carer, co-resident) | No domestic relationship (neighbour, colleague, acquaintance) |
| Who usually applies | Police, or privately in limited cases | Often applied for privately, or by police |
| Mediation approach | Not usually referred to mediation where violence is alleged | Presumption in favour of mediation referral under s 21, unless there is good reason not to |
| Can include children | Yes — children in a domestic relationship with the protected person may be included | Does not automatically extend to the protected person’s children |
When Can You Apply for a Private AVO?
Under section 18 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), a person in need of protection can apply to the Local Court for an APVO themselves — this is a private application. You can generally consider a private application if:
- You wish to represent yourself and run your own case, or
- NSW Police have been asked to apply for an AVO on your behalf and have declined to do so.
If you are in immediate danger, contact 000. Police can issue a provisional AVO on the spot and later apply for a court order at no cost to you — this is different from, and generally faster than, a private application.
Step-by-Step: How to Apply for a Private AVO
- Speak with police first. If there is any immediate risk, call 000. If you have already reported the matter and police are not applying on your behalf, you can consider a private application.
- Get advice before you file. A solicitor can help you assess whether your evidence supports the grounds in section 19 (that you have reasonable grounds to fear, and in fact fear, a personal violence offence, or conduct amounting to harassment, intimidation or stalking), and flag the risk of a costs order if the application is unsuccessful.
- Complete the application form. This is available at the Local Court registry. You can be assisted by a Chamber Magistrate at the registry, or have a solicitor prepare it for you.
- File at the registry. Applications are generally filed at the registry nearest to you or the defendant. There is no filing fee for a private AVO application.
- The registrar decides whether to issue process. Under section 53, a registrar may refuse to issue process if satisfied the application is frivolous, vexatious, without substance, has no reasonable prospect of success, or would be more appropriately dealt with by mediation.
- First mention. If the application proceeds, it is listed before a magistrate. The court may make an interim order under section 22 if satisfied it is appropriate, pending the final outcome.
- Referral to mediation. For APVOs, section 21 creates a presumption in favour of referring the parties to mediation through a Community Justice Centre, unless the court is satisfied there is good reason not to (for example, a history of violence).
- If mediation is unsuccessful or not appropriate, the court sets a timetable. This usually allows around two weeks for the applicant to serve a written statement, and a further period (commonly around four weeks) for the defendant to respond.
- Defended hearing, if the matter is contested. Both parties give evidence and may be cross-examined. The court decides on the balance of probabilities.
- Final order or dismissal. If satisfied the grounds are met, the court makes a final order, which is then served on the defendant. If not, the application is dismissed, and a costs order may be considered.
| Speak with Caspian Legal before you file If your matter is listed at Hornsby Local Court, or you are weighing up a private AVO application, book a consultation with Caspian Legal before your next court date. Phone: 02 7264 3200 | Web: caspianlegal.com.au | Address: 22-28 Edgeworth David Ave, Sydney NSW 2077 |
Documents and Evidence You Should Prepare
| Document / evidence | Why it matters |
| A dated timeline of incidents | Forms the basis of your application and your written statement. |
| Text messages, emails or social media messages | Direct evidence of threats, harassment or contact. |
| Photos of injuries or property damage | Supports allegations of a personal violence offence. |
| Names and contact details of witnesses | Witness statements may be required if the matter is contested. |
| Any prior AVOs, court orders or police event numbers | Relevant to the history between the parties and to mediation suitability. |
| Medical or counselling records (if applicable) | May support the impact of the conduct, where relevant and admissible. |
Costs and Risks of a Private AVO Application
Unlike many civil claims, most costs are not awarded in AVO proceedings — but professional (legal) costs can be, and the rules differ depending on who you are.
| Situation | What the Act says | Authority |
| General rule | Costs other than professional legal costs are not awarded in AVO proceedings. | s 99(2) |
| Costs against an unsuccessful applicant who is the protected person | Can only be awarded if the court is satisfied the application was frivolous or vexatious. | s 99A(1) |
| Costs against a defendant | May be awarded in accordance with the court’s general discretion under s 99. | s 99(3) |
| Costs on adjournment | May be ordered where a party’s unreasonable conduct or delay caused an adjournment. | s 99 |
This means a private applicant will not automatically be ordered to pay the other side’s costs simply for being unsuccessful — but the risk exists if the application is found to be frivolous or vexatious. This is one of the key reasons to get advice before filing, not after.
What Not to Do
- Do not ignore a court date or a served application — this can result in orders being made in your absence.
- Do not contact the other party to “sort it out” once an interim order restricting contact is in place — this may itself amount to a breach.
- Do not exaggerate or include information you cannot support — providing false or misleading information in an AVO application can itself be an offence.
- Do not assume a private application is quicker or simpler than a police application — you are responsible for preparing and presenting your own case.
- Do not skip legal advice because there is no filing fee — the fee is not the only cost that can arise.
- Do not breach the conditions of an AVO made against you, even if you believe it is unfair — contravening an AVO is a criminal offence under section 14, carrying a maximum penalty of imprisonment for two years, and higher penalties apply to certain aggravated ADVO breaches.
Frequently Asked Questions
Do I need police to apply for an AVO?
No. You can apply privately at the Local Court registry, particularly for an APVO. Police involvement is not a legal requirement, though police can apply on your behalf in many cases.
What is the difference between a private AVO and a police AVO?
In a police application, police prepare and run the case, and you are usually a witness. In a private application, you prepare and run the case yourself, including your evidence and, if contested, your appearance at the hearing.
Will I have to attend mediation?
For APVOs, there is a presumption in favour of mediation under section 21 unless the court is satisfied there is good reason not to refer the matter, such as a history of violence.
Can I get protection straight away?
The court can make an interim order under section 22 at an early stage if satisfied it is appropriate, to provide protection while the final application is decided.
What happens if I don’t attend court?
The matter can proceed in your absence, and orders may be made without your input. If you are the applicant and do not appear, your application may be dismissed.
Can the other party be ordered to pay my legal costs?
Costs are not automatic. A defendant may be ordered to pay costs in some circumstances, and an unsuccessful protected-person applicant can only be ordered to pay costs if the application is found to be frivolous or vexatious (s 99A).
What happens if the AVO is breached?
Breaching a condition of an AVO is a criminal offence under section 14, with penalties depending on the circumstances. Any suspected breach should be reported to police.
Do I need a lawyer to file a private AVO?
You are not required to have a lawyer, but given the risk of costs orders and the evidentiary requirements, legal advice before filing is strongly recommended.
Hornsby Local Court and Local Support
Hornsby Local Court sits at 294 Pacific Highway, Hornsby NSW 2077, a short walk from Hornsby railway station. It hears AVO matters for people who live in, work in, or where the relevant conduct occurred in the Hornsby area.
Caspian Legal assists clients with private and police AVO matters in Hornsby and surrounding Upper North Shore suburbs, including Waitara, Asquith, Wahroonga, Turramurra, Thornleigh, Pennant Hills, Normanhurst and Berowra.
| Book a consultation Caspian Legal can review your situation, explain your options, and help you prepare a properly supported private AVO application before you file, or advise you if you have been served with one. Caspian Legal Pty Ltd | 22-28 Edgeworth David Ave, Sydney NSW 2077 | Phone: 02 7264 3200 Web: caspianlegal.com.au | Google Reviews: g.page/r/CYig8LJ260Y7EB0/review |
