When a Legal Acronym Changes Everything
You are at home when there is a knock at the door. A police officer hands you a set of papers, and suddenly your world feels smaller. Whether it says AVO or ADVO, the restrictions are immediate and the consequences for breach are serious.
At first glance, they might look the same. But in New South Wales, the distinction between ADVO vs AVO matters, it can affect who is protected, the legal thresholds involved, and the way the case unfolds in court.
What’s an AVO?
An Apprehended Violence Order (AVO) is a civil court order designed to protect a person (called the “Protected Person” or “PINOP”) from violence, threats, harassment, intimidation, or stalking.
An AVO is not a criminal conviction. However, if you breach its terms, you can be charged with a criminal offence, punishable by fines, a possible criminal record, and in serious cases, imprisonment.
You might face an AVO in situations such as:
- Disputes with neighbours
- Workplace harassment
- Stalking by someone you do not live with or have a family connection to
The aim is always prevention: to stop the risk of harm before it escalates.
What’s an ADVO?
An Apprehended Domestic Violence Order (ADVO) is a specific type of AVO that applies where there is a domestic relationship between the parties. Under NSW law, a domestic relationship can include:
- Current or former spouses or partners (including de facto partners)
- Relatives such as parents, children, siblings, or extended family
- People living together in a household
- Relationships recognised under Aboriginal or Torres Strait Islander kinship systems
ADVOs are most often issued in cases involving allegations of domestic violence. They can be applied for by police on behalf of the protected person, or by the protected person themselves through the Local Court.
ADVO vs AVO: Understanding the Difference
The simplest way to think about the difference:
- AVO: Can be made to protect you from anyone, regardless of the relationship.
- ADVO: Can only be made when you and the other person are in a domestic relationship.
Why this matters:
- In an ADVO, the court may take into account the dynamics of family and intimate relationships, patterns of control, and the risk of ongoing contact through shared children or living arrangements.
- In a general AVO, the focus is purely on whether there is a reasonable fear of violence or intimidation from the other person, without the domestic context.
ADVO Conditions You Need to Know
Every ADVO will include mandatory conditions set out by law:
- The defendant must not assault, threaten, stalk, harass, or intimidate the protected person.
- The defendant must not destroy or damage the protected person’s property.
On top of these, the court can impose additional ADVO conditions such as:
- No contact with the protected person (in person, by phone, text, social media, or through a third party)
- Staying away from the protected person’s home, workplace, or school
- Not being allowed within a certain distance after consuming alcohol or drugs
- Restrictions on approaching children or attending certain family events
The conditions are designed to manage risk. Breaching even one of them is a criminal offence.
How Long Do AVOs and ADVOs Last?
The duration can vary:
- Interim orders can be made quickly for immediate protection until a final hearing.
- Final orders generally last 12 months to 2 years, but can be extended if the court believes there is an ongoing risk.
How Are These Orders Made?
Police Applications
Police often apply for ADVOs on behalf of victims when domestic violence is alleged. This can happen even if the person at risk does not want the order, the decision rests with police and prosecutors.
Private Applications
You can apply directly to the Local Court for an AVO if police are not involved. This is more common in neighbour disputes or non-domestic situations.
The court will assess:
- The nature of the threat or harm
- The relationship between the parties
- The likelihood of further incidents
Defending an ADVO or AVO
Being served with one of these orders can be stressful, especially if you believe it is based on false or exaggerated claims. Defences can include:
- Arguing there is no reasonable fear of future violence or intimidation
- Challenging the credibility of the allegations
- Providing evidence that the incident did not occur
- Showing the order is unnecessary because there is no ongoing contact or risk
Legal advice is essential because even if you agree to the order without admissions, the conditions can affect your work, living situation, and family arrangements.
Why the ADVO vs AVO Distinction Matters
While the penalties for breach are the same, the context matters:
- ADVOs are often linked to domestic violence charges, family law disputes, and child custody matters.
- AVOs outside the domestic context are less likely to affect parenting proceedings but can still impact your reputation, employment, and ability to hold certain licences.
If you are asking “what’s an ADVO” or trying to understand the difference between ADVO vs AVO, the answer lies in who the order is protecting you from, and why the court believes the order is necessary.
Key Takeaways
- ADVO = protection in domestic relationships.
- AVO = protection from anyone, no matter the relationship.
- ADVO conditions can be strict, and breaching them is a criminal offence.
- Both orders aim to prevent harm, not punish past behaviour, but they can have significant personal and legal consequences.
- Legal advice is crucial whether you are applying for, defending, or negotiating the terms of an order.
Need Advice on an ADVO or AVO?
If you have been served with an ADVO or AVO, or need to apply for one, acting quickly is important. At Green & Associates, we have extensive experience in defending and negotiating these orders, ensuring our clients’ rights are protected while meeting court requirements. Call us on (02) 8080 7585 or contact the G&A team today, for confidential advice.
