AVO Conditions: What You Need to Know
When you have been served with an AVO in NSW, you will want to know what the AVO conditions are and what you can't do.
AVO conditions have two types:
- Mandatory orders, also known as 'standard orders' or 'Orders about behaviour'.
- Additional orders that the applicant may request for
What Are the AVO Conditions in Mandatory Orders?
Every AVO, following Section 36 of the Crimes (Domestic and Personal Violence) Act 2007 No 80, must include the following mandatory orders, which appear as Order 1:
- Any person having a domestic relationship with the protected person must not be assaulted or threatened.
- Intentional stalking, harassment, or intimidation of the protected person or any other person having a domestic relationship with them is prohibited.
- Any property belonging to or in possession of the protected person or another person having a domestic relationship with the protected person must not be destroyed or damaged recklessly.
The orders provide a minimum level of protection.
As they do not prevent contact or exclude the protected person from the premises, they can be made even if the defendant and the protected person are still living together or in a relationship.
What Are the AVO Conditions in Additional Orders?
To ensure the safety and protection of a PINOP and their child or other family members, a court may impose any restriction or prohibition on a defendant that appears to be 'necessary or desirable'.
Section 35 of the Crimes (Domestic and Personal Violence) Act 2007 No 80 sets out additional orders that can be included on an AVO without limiting a court's prohibitions or restrictions.
The law regarding AVO orders and how they were written changed on 3 December 2016.
AVOs made before 3 December 2016 could also include the following additional orders:
Contact Orders
- If the defendant lives in a property where the protected person(s) may reside from time to time, or if he or she lives in another specified location, the defendant must not reside there. In other words, you cannot live with a protected person.
- The protected person must not be approached or contacted unless the contact is through a lawyer. Only your lawyer can approach the protected person or communicate with them by phone, text message, email, writing, through a third party, or in any other way.
- You must not approach the school or any other place the protected person might go to for study, any place they might go to for childcare, or any other place listed in the application.
- Following alcohol or illicit drug use, you must not approach or be in the company of the protected person for at least 12 hours.
- Trying to find the protected person is illegal unless a court has ordered you to do so.
AVO Conditions about Family Law and Parenting Orders
Unless your lawyer recommends counseling, mediation, or conciliation, or as ordered by the court or as agreed with the other party, you may not contact or approach the protected person by phone, text message, email, writing, through a third party, or any other method.
AVO Conditions About Locations
- Living with the protected person or in a place specified in the order is prohibited. This order can be made regardless of whether you own or lease the property.
- Protected persons cannot be visited at home, work or another address (if specified).
- You must stay a certain distance from the protected person's home, work, or another address (if set).
AVO Condition about Weapons
You are not allowed to possess any firearms or prohibited weapons.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.