Apprehended Violence Orders (AVOs)

General information only — not legal advice. Penalties and section numbers change; speak with us about your specific circumstances. Call (02) 6210 1075.

How Andrew Byrnes Law Group Acts in AVO Matters

AVOs straddle the NSW–ACT border for many Canberra residents and frequently run alongside criminal charges. Andrew Byrnes Law Group represents both applicants and defendants in NSW Local Courts and the ACT Magistrates Court where parallel orders are involved. Our team provides:

• Same-day advice when served with a provisional or interim AVO
• Variation of unreasonable interim conditions before the first court date
• Negotiation with police prosecutors for resolution by consent without admissions
• Contested hearing advocacy in NSW Local Courts including Queanbeyan, Goulburn, and Yass
• Coordination with any concurrent criminal matter or ACT FVO proceeding
• Applications on behalf of clients seeking protection
• Variation, extension, and revocation applications for existing AVOs

Serving Canberra and Surrounding Regions

Andrew Byrnes Law Group acts in AVO matters across Canberra, Queanbeyan, Goulburn, Yass, Cooma, Wagga Wagga, and surrounding regions. Call (02) 6210 1075 for confidential advice.

Important — not legal advice

This page provides general information about ACT law. It is not legal advice and must not be relied on as such. Laws, penalties, and section numbers change, and how the law applies depends on your specific circumstances. For advice tailored to your situation, contact Andrew Byrnes Law Group on (02) 6210 1075 or via our contact page.

Frequently Asked Questions

What is the difference between an AVO in NSW and an FVO in the ACT?

An Apprehended Violence Order (AVO) is a civil protection order issued under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) by NSW Local Courts, including at Queanbeyan, Goulburn, and Yass. A Family Violence Order (FVO) is issued under the Family Violence Act 2016 (ACT) by the ACT Magistrates Court. If you live or work across the ACT/NSW border, it is possible for both types of order to be in force simultaneously, governed by different legislation. Andrew Byrnes Law Group practises in both jurisdictions and can advise on cross-border matters.

Does having an AVO made against me mean I have a criminal record?

An AVO itself is a civil order — it is not a criminal conviction and does not create a criminal record. However, breaching an AVO is a criminal offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), and a breach conviction does create a criminal record. Depending on your occupation, an AVO may also appear in certain background checks or professional licensing inquiries even without a breach. A lawyer can advise on the precise implications for your specific situation.

What are the consequences of breaching an AVO in New South Wales?

Breaching an AVO without reasonable excuse is a criminal offence under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), carrying potentially up to two years' imprisonment and a fine of up to 50 penalty units for a first offence. An aggravated breach — for example, involving actual violence or intimidation — can attract higher penalties. The same conduct that constitutes a breach may also result in separate criminal charges such as assault or stalking. If you are charged with an AVO breach, seek legal advice immediately.

Can I agree to an AVO without admitting that the allegations against me are true?

Yes. It is common practice in NSW to consent to an AVO 'without admissions' — meaning the order is made by agreement but no factual findings are recorded against you and you are not admitting any of the alleged conduct took place. This approach avoids a contested hearing and the associated cost, time, and risk, while also preventing any formal admission on the record. Whether this approach is appropriate depends on the specific terms of the proposed order and your personal circumstances — a lawyer should review the terms before you agree to anything.

Will an AVO affect my ability to hold a firearms licence or possess firearms?

Yes. Under the Firearms Act 1996 (NSW), a person subject to an AVO or FVO is automatically prohibited from holding a NSW firearms licence or possessing firearms, and must surrender any firearms and licence immediately. This prohibition applies from the time an interim AVO is made — even before a final order is determined. For anyone whose occupation, primary production activities, or sporting pursuits depend on a firearms licence, the impact of an AVO is a critical consideration when deciding whether to contest or consent to an order. Contact Andrew Byrnes Law Group for a free initial consultation.