What is the difference between an APVO and an ADVO?

Both are apprehended violence orders. An ADVO applies where the parties are in a domestic relationship, while an APVO applies where they are not — for example neighbours, colleagues or acquaintances. The legal test is otherwise similar.

Will an APVO matter go to mediation?

Often, yes. Courts frequently refer APVO matters to mediation through a Community Justice Centre, particularly where the dispute is between neighbours or co-workers, before the matter proceeds to a hearing.

Does an APVO affect my firearms licence?

Yes. Like an ADVO, an APVO results in the suspension or revocation of a firearms licence and prohibits possession of firearms for the relevant period.

What happens if both of us apply for orders?

This is known as a cross-application. The court will consider both applications, often together. Careful strategy is required, because the evidence given in one application can affect the other.

Is breaching an APVO a crime?

Yes. Although the APVO itself is a civil order, knowingly contravening its conditions is a criminal offence that can result in a conviction and a penalty including imprisonment.

APVO RESOURCE CENTRE

Apprehended Personal Violence Orders in New South Wales

An Apprehended Personal Violence Order (APVO) protects a person from someone with whom they are not in a domestic relationship — such as a neighbour, colleague or acquaintance. While similar in form to an ADVO, APVOs involve distinct procedures and considerations.

An APVO is made under the same legislation as an ADVO, the Crimes (Domestic and Personal Violence) Act 2007 (NSW), but it applies where the parties are not in a domestic relationship. Typical examples include disputes between neighbours, co-workers, or people who know each other socially.

Because APVO matters often arise from ongoing disputes between two parties, the court has additional tools available, including referral to mediation through a Community Justice Centre before the matter proceeds.

As with an ADVO, an APVO imposes conditions and a breach is a criminal offence. The strategic considerations, however, can differ, particularly where both parties make allegations against each other.

The central difference between an APVO and an ADVO is the relationship between the parties. An APVO concerns people who are not in a domestic relationship, and the court may require the parties to attempt mediation before the matter is determined.

KEY TOPICS

Understanding APVOs

The issues that distinguish personal violence orders from domestic violence orders.

APVO vs ADVO

How the relationship between the parties determines which order applies, and why it matters.

Mediation & Community Justice Centres

When the court refers APVO matters to mediation, and how that process works.

Cross-Applications

What happens when both parties seek orders against each other arising from the same dispute.

Conditions & Restrictions

The conditions a court may impose in a personal violence matter and their practical effect.

Defending an APVO

How an APVO is contested and what the applicant must establish at hearing.

Breach Proceedings

Why contravening an APVO is a criminal offence and how those proceedings are dealt with.

IN PRACTICE

What We Examine in an APVO Matter

Whether the parties are genuinely outside a domestic relationship, determining the correct category of order.
Whether mediation through a Community Justice Centre is a realistic and advantageous pathway.
The dynamics of any cross-application and how competing allegations should be approached.
Whether the conduct alleged actually meets the threshold for an order.
The proportionality of the conditions sought against the nature of the dispute.

COMMON QUESTIONS

Frequently Asked Questions

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