How Long Does an AVO Last in NSW?
26 April 2023 · Read time: 3 minutes
When a final Apprehended Violence Order (AVO) is issued, it typically lasts for 12 to 24 months, although it can be extended by the judge if deemed necessary.
If the order does not specify an end date, it defaults to 12 months. Several factors determine the length of the AVO, including the severity of the threat, the applicant's or protected person's desired duration, the protected person's anxieties, and the defendant's past history.
Both the defendant and the protected person can apply to the court to vary, revoke, or extend an AVO.
When Does the Court Make an AVO Final?
An AVO can be made final by the court after a contested hearing, where evidence is presented by both the applicant and the defendant.
If the court finds that the defendant has committed acts of violence or harassment against the applicant, it may make an AVO that can last for up to two years.
Interim AVOs
An interim AVO is a temporary order made by the court to protect the applicant until a final AVO can be made. Interim AVOs can be made on the same day that an application is filed and can last for up to 28 days.
However, if the defendant is not present when the interim AVO is made, the order can be extended for up to three months.
Can the AVO be Varied?
An AVO can be varied if the circumstances of the case change. For example, if the defendant is moving to a different state, the AVO may need to be varied to include conditions that restrict the defendant's movements outside of NSW.
Alternatively, if the defendant is complying with the AVO and there have been no breaches, the applicant may seek to have the AVO revoked.
When Does the Court Make an AVO Final?
The court can make an AVO final after a contested hearing, where the court is satisfied that the defendant has engaged in violent or threatening behaviour towards the applicant.
A final AVO can last for up to two years and may contain conditions that restrict the defendant's behaviour or movements.
Can an AVO be Varied, Revoked, or Extended?
Yes, an AVO can be varied, revoked, or extended depending on the circumstances of the case. If the defendant is complying with the AVO and there have been no breaches, the applicant may seek to have the AVO revoked.
Alternatively, if the defendant is moving to a different state, the AVO may need to be varied to include conditions that restrict the defendant's movements outside of NSW.
The court can also extend the duration of an AVO if there are reasonable grounds to do so.
Does an AVO mean I will have a criminal record?
No, an AVO is not a criminal conviction, but it is a court order. Breaching an AVO is a criminal offence and can result in a criminal record. It is important to comply with the conditions of an AVO to avoid breaching the order and facing criminal charges.
In summary, the duration of an AVO in NSW can vary depending on whether it is an interim or final order, and whether there are any variations or extensions to the order. It is important to understand the conditions of an AVO and comply with them to avoid breaching the order and facing criminal charges.
