Served with an AVO application? Understand what happens next.
Apprehended violence orders are court proceedings with real consequences, and most people meet them for the first time when the documents arrive. This page explains the process plainly.
If you have been served, read the conditions on the order first. They apply immediately, whatever you think of the allegations.
Two things to do before anything else
- Read every condition on the order and follow all of them, including any that stop you contacting a person or attending an address. Conditions apply from the moment you are served, whether or not you agree with them, and whether or not the other person invites contact.
- Do not contact the protected person to sort it out. A condition prohibiting contact binds you regardless of who initiates it, and contravening it is a criminal offence.
General information, not legal advice. This page sets out how the law generally applies. It does not take account of your circumstances, and you should get advice about your own situation before acting on it. The official sources this page is written from are listed on it; where they differ from anything here, they are the authority.
What happens
Every matter differs, and the court’s process depends on who applied and what is alleged. In outline:
You are served
With an application, and often with an interim or provisional order that already has conditions on it.
A first court date is listed
You attend, or are represented. You are not usually asked to give evidence on that day.
Interim orders may be made or continued
The court can make orders before the matter is decided, to manage risk in the meantime.
The matter is resolved or contested
Some matters resolve by consent without admissions. Others are contested and listed for hearing.
A final order is made, or the application is dismissed
If an order is made, its conditions and duration are set by the court.
AVO matters
Conditions before a decision
What it does and does not mean
When a matter is defended
Changing conditions or duration
Applications to end an order
A criminal charge in its own right
Where charges run alongside
Family law interaction
Real conversations.
Clear next steps.
Explain where you are now, ask the questions that matter to you, and understand what to prepare next.
Recognition of
Jameson Law.
Recognition received by Jameson Law and its team. AVO Defence Lawyers is a service of Jameson Law. Award years and categories are shown on the original badges.
What consent without admissions actually means
An AVO matter can resolve by the respondent consenting to an order without admitting the allegations. The order is made, its conditions bind you, and breaching it is a criminal offence, but you have not admitted that anything alleged occurred.
It can be a sensible outcome. It can also have consequences people do not expect, including for firearms licences, some occupations, working with children checks and family law proceedings. Whether it suits you depends on your circumstances, not on what is convenient on the day.
Do not agree to anything at court before you have had advice about what that agreement does.
General information, not legal advice. This page sets out how the law generally applies. It does not take account of your circumstances, and you should get advice about your own situation before acting on it. The official sources this page is written from are listed on it; where they differ from anything here, they are the authority.
What you can expect from us
- We explain the process before we talk about strategy
- We take instructions without judgement, and we do not ask you to justify yourself to us
- We tell you plainly when consenting is the sensible course, and when it is not
- We do not encourage you to contest a matter that should not be contested
- We keep your matter confidential, subject to our professional obligations
Before your first court date
What an AVO is, and what it is not
The difference between an order and a criminal conviction, and what an order actually does.
Reading the conditions on your order
Which conditions are standard, which are additional, and why every one of them binds you.
Your first court date: what to expect
Where to go, what happens, and what you will and will not be asked.
Common questions
Is an AVO a criminal conviction?
No. An apprehended violence order is a civil order made by a court. It is not a criminal conviction and it does not, by itself, give you a criminal record. Breaching an order is a separate criminal offence.
The other person says they want to withdraw it. Can they?
Where police made the application, it is the police application, not the protected person’s, and they cannot simply withdraw it. Even where a private applicant wants to withdraw, the court still has a role. Do not act on an assurance that it will be dropped.
Can I contact the protected person if they contact me first?
No. If a condition prohibits contact, it binds you regardless of who initiates it and regardless of consent.
Will it affect my work or my firearms licence?
It can. The consequences depend on the order, your occupation and the relevant licensing scheme. Ask about your own situation before agreeing to anything.
Do I have to go to court?
You or your lawyer must attend. If nobody appears, an order can be made in your absence.
Is what I tell you confidential?
Yes, subject to our professional obligations. We are bound by legal professional privilege and by duties of confidentiality.
Talk to us before your court date
Tell us the court date and which court, and whether an order is already in place. That is enough to start.