AVO & Domestic Violence
AVO & domestic violence
AVO Lawyer Sydney
Before you respond to an Apprehended Violence Order (AVO), get advice from our highly knowledgeable Sydney AVO lawyers, who will guide you through the challenges to achieve the best possible outcome.
- Sydney CBD Legal Team
- Strong Court Representation
- Clear Advice & Responsive Guidance
Our Sydney AVO & Domestic Violence Lawyers Provide Clear Advice & Strong Representation
Being served with an Apprehended Violence Order (AVO) can affect many areas of your life, including your work, family law arrangements and your immigration status. Breaches can result in serious criminal charges.
If you have been served with an order or accused of breaching one, get in touch with Nicholas Hardy-Clements today.
Served With an AVO in Sydney? Early Legal Advice Is Crucial
Having an AVO served can be highly confronting, especially if you have never been to court before. The order may stop you from returning home, contacting your partner, seeing your children or attending certain places.
While it can be a stressful time, the most important thing you can do is to get legal advice, follow the instructions set out in the order, and avoid breaching the order at all costs. You’ll work directly with Nicholas Hardy-Clements, who has extensive experience across criminal law matters, and is extremely dedicated to protecting the rights of those he works with.
AVO and Breach Consequences Can Be Serious: Don’t Risk It
Many people mistake the seriousness of an AVO because it is technically a civil order. The truth is, an AVO can carry major consequences, especially if a breach or criminal conviction occurs.
It can limit your ability to see your children, travel overseas, hold a security licence, work in some industries or retain a firearms licence, which may be necessary for your employment. If you are found guilty of breaching an order, it’s recorded on your criminal record and will show up in police checks and security clearance applications.
If you’ve found yourself in this position, get in touch with Nicholas Hardy-Clements today for a free chat about your options.
How we can help
How We Can Assist
Urgent Court Matters
If you have an imminent court date, have just been served with an AVO or have been charged with a breach offence, we can provide urgent advice and representation in the Local Court.
Interim Orders
Interim AVO conditions can affect where you live, who you contact and whether you can return home. We help negotiate practical conditions and seek changes that better reflect your work, parenting and living arrangements.
AVO Response & Defence
We represent clients defending AVO (ADVO and APVO) applications in the Local Court. This includes reviewing the evidence, preparing witness material, negotiating conditions where appropriate and appearing at defended hearings where allegations are disputed.
AVO Breaches
Breaching an AVO is a criminal offence that can lead to a conviction, fine or imprisonment. We advise on the allegations, review the evidence, identify possible defences and represent clients in court across NSW.
Domestic Violence
Many AVO matters involve related criminal charges such as assault, intimidation, stalking or malicious damage. We provide advice across all matters together so your defence strategy is consistent and properly planned from the beginning.
Family Law & AVO Matters
AVO allegations can affect parenting arrangements, time with children and family court proceedings. We assist clients managing criminal, civil and family law issues at the same time, with advice focused on reducing long-term risk.
Who you will work with
Nicholas Hardy-Clements: AVO & Domestic Violence Matters
You’ll work directly with Nicholas Hardy-Clements for your AVO or domestic violence matter. Nick has extensive experience in criminal defence matters, from summary matters in the Local Court to serious domestic violence and indictable offences.
His approach to AVO matters is measured and strategic, recognising how quickly these orders can affect your living arrangements and family. His reputation for strong advocacy is built on meticulous preparation, clear advice and an unshakeable commitment to justice.
Results
Related Case Studies
AVO & Domestic Violence
Serious Domestic Violence Charges, Full-Time Imprisonment Avoided Following the Court’s Consideration of Section 66 of the Crimes (Sentencing Procedure) Act 1999 (NSW)
AVO & Domestic Violence
Domestic Violence Allegations, AVO Breach and Parenting Arrangements, Charges Dismissed and Family Stability Restored
Case studies are anonymised. Past results do not guarantee the outcome of any other matter.
All Case StudiesGoogle reviews
Reviews From Our Clients
5.0
Highly recommend! They handled a traffic case for me and achieved a great outcome. They were professional, knowledgeable, and communicated clearly throughout the process on such short notice. If you're looking for a lawyer who knows how to get results, Big Nick Jones an excellent choice.
Dre Dae3 months ago
Had a quick phone call with Nicholas, and even in that short time, he was incredibly helpful. He explained things clearly, provided useful information, and made me feel comfortable straight away. What I appreciated most was that he really listened to me and took my concerns seriously, even though it was a brief conversation. I’d definitely recommend Nicholas to anyone looking for a knowledgeable and approachable lawyer.
Pauline Mc Dermott7 months ago
I would recommend Jones Hardy Law to anyone seeking legal advice. In particular, Lilly Van Lent handled my legal matter with the utmost professionalism and care. She is an excellent lawyer.
Nick Bowden3 weeks ago
I'm very grateful to Nick Hardy and the team at Jones Hardy Law for their support during my court case. They kept me informed, made the process much less stressful, and were always there to help. I really appreciate everything they did and would happily recommend them to others.
Sue Atkins4 months ago
Jones and Hardy Law not only provided exceptional assistance, but from the very first moment they truly understood my needs. Their teamwork genuinely reflects the belief that “teamwork makes the dream work.” I would like to sincerely thank Nick, Lilly, and Adam for their outstanding support. They were highly efficient, professional, and demonstrated excellent legal expertise throughout the entire process. I highly recommend their services.
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Valuable advice and prompt communication. I highly recommend Nick and his team for your legal needs.
Cassy Van Trigt
Was having trouble finding a lawyer so Posted I needed a lawyer on one flare. and within minutes Nick gave me a call we spoke about my matter he was very easy to communicate with given the circumstances, and a first time for me having to deal with court and the system so Nick done all the work that was needed and I provided what he asked of me and today I can say I am a free man thanks to nick from jones hardy law also with emails between my self and Lilly they both made this process easy for me and gave me all the info I needed to help me get through this time, even came up with a payment plan so I didn’t have to fork out the whole bill witch is a bonus😊 thanks Nick and Lilly you were both amazing I would definitely recommend getting in touch with the team if you need any lawyer assistance
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Angela Evans
A guide to AVOs
Contesting, Breaching and Getting Help With an AVO
Contesting an AVO in NSW
Not every AVO should be accepted without question. If you dispute the allegations, there may be grounds to contest the order.
Some common reasons people defend AVO proceedings include:
- The allegations are false or exaggerated
- There is a family law dispute affecting the evidence
- The protected person has a motive to gain an advantage in parenting or property proceedings
- The alleged conduct did not amount to intimidation, stalking or violence
- There are inconsistencies in the evidence
- There are text messages, witnesses or CCTV that support your version of events
When you defend an AVO, the matter is usually listed for a hearing in the Local Court. Police prosecutors or private lawyers will call evidence and witnesses. An AVO lawyer can cross-examine those witnesses, challenge the allegations and present evidence on your behalf.
Nicholas Hardy-Clements’s experience in criminal defence matters means he approaches AVO hearings with the same discipline and preparation as any defended criminal hearing. That includes testing the reliability of witness evidence, identifying inconsistencies and preparing clients carefully before court.
We do not encourage clients to automatically defend every order. We give clear advice about risk, likely outcomes and whether the evidence supports contesting the matter.
Penalties & Risks of Breaching an AVO
Breaching an AVO is a criminal offence. Under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), the maximum penalty for breaching an AVO is two years imprisonment and/or a fine of 50 penalty units.
Police take alleged breaches seriously, especially where there are repeated breaches, allegations of violence or breaches involving contact with a former partner.
Common examples of AVO breaches include:
- Sending text messages or calling the protected person
- Turning up at their home or workplace
- Contacting them through social media
- Asking friends or relatives to pass on messages
- Publishing material online
- Failing to leave a location after seeing the protected person there
Some people breach orders accidentally because they do not understand the conditions. Others assume that because the protected person contacted them first, they are allowed to respond. That is not always correct.
If you are charged with breaching an AVO, get legal advice immediately. There may be defences available depending on the wording of the order, the evidence and whether the contact was intentional.
How Our Sydney AVO & Domestic Violence Lawyers Can Help
At Jones Hardy Law, we focus on practical preparation and early advice.
When we act for you, we will:
- Review the police facts, statements and court documents
- Explain the conditions and what they mean in practice
- Identify weaknesses in the evidence
- Help you gather messages, records and witness material
- Negotiate where appropriate
- Represent you in court
- Advise you on related criminal charges and family law risks
We act for clients across Sydney and wider New South Wales.
Articles
AVO & Domestic Violence Articles
Understanding AVO Breaches and Domestic Violence: NSW Legal Guide
An Apprehended Violence Order (AVO) is a legal order issued by the court to protect a person from violence, threats, harassment, and intimidation.
Coercive Control in NSW: Understanding the New Laws, Defending Allegations, and Your Options
At Jones Hardy Law, we’ve advised and defended in complex domestic violence matters for years. Coercive control cases are different: they turn on a pattern of behaviour, not a single event.
Common questions
Frequently Asked Questions
Where can I get help if I or someone else is unsafe?
If you or someone else is in immediate danger, call 000.
For free, confidential support at any time, call 1800RESPECT on 1800 737 732 or the NSW Domestic Violence Line on 1800 656 463. If you are worried about your own behaviour, the Men’s Referral Service is on 1300 766 491. These services are independent of Jones Hardy Law.
What is the difference between an ADVO and an APVO in New South Wales?
In New South Wales, there are two types of Apprehended Violence Orders. The key difference between the two lies in the relationships among the people involved.
An Apprehended Domestic Violence Order (ADVO) applies where there is a domestic relationship, such as partners, ex-partners, family members, or people living together. It is commonly linked to family violence situations. An Apprehended Personal Violence Order (APVO) applies where there is no domestic relationship, such as disputes between neighbours, colleagues, or acquaintances.
Both orders aim to protect a person from violence, threats, intimidation or harassment, but ADVOs are treated more seriously in family law contexts because of the domestic setting.
Can you get an AVO removed?
In some cases, yes. An AVO can be withdrawn, dismissed or varied depending on the evidence and the wishes of the protected person. However, only the court can decide whether to remove a final order.
Do I get a criminal record if an AVO is made?
An AVO itself is not a criminal conviction. However, if you are convicted of breaching the order, that breach is a criminal offence and can appear on your record. If you have been charged with a breach in Sydney, or New South Wales, get in touch with our apprehended violence order lawyers today to discuss your options.
Can a protected person cancel the AVO?
The protected person can tell police or the court that they no longer want the order, but that does not automatically end it. The court will decide whether to keep the order in place because, in many instances, the protected person may have been coerced into requesting removal.
What if I need to contact my children?
If an AVO affects contact with your children, legal advice is important. Sometimes the order can be varied to allow communication about parenting matters or during handovers. Working with a firm with expertise in both criminal matters and family law can be of benefit, as it can allow for stronger communication regarding how matters are handled and their potential impact on family law matters.
What happens when you are served with an AVO?
If police serve you with an AVO, the paperwork will usually include:
- A copy of the application
- Any interim order already made
- A court attendance notice
- The next court date
- Details of the conditions you must follow
You must read the order carefully. Even if you disagree with the allegations, you must obey the conditions from the moment you are served. Get in touch with our Sydney AVO lawyers and get advice as early as you can.
How do I respond to an AVO order?
After being served, you generally have three options:
- Consent to the order without admissions
- Negotiate changes to the conditions
- Contest the order and ask for a defended hearing
The right approach depends on the evidence, the practical impact of the order and whether there are related criminal charges. In some cases, it is sensible to negotiate narrower conditions and resolve the matter quickly. In others, it may be worth contesting the order where the allegations are weak, inconsistent or clearly false. Always seek legal advice before taking action, as the wrong decision can have far-reaching consequences.
What happens at the first court date?
At the first court date, the court will ask whether you agree to the order, want more time to get legal advice or want to contest the matter. If you are defending the application, the court may set a timetable for the submission of evidence.
What is the difference between an interim and a final order?
An interim AVO is a temporary order made before the case is finalised. It is important to understand that an interim order has the same legal force as a final order. If you breach it, you can still be charged.
Police often ask for an interim order at the first court date, particularly where they allege there is an immediate risk to the protected person. The court may make the interim order even if you have not yet had a chance to respond.
A final AVO is made after the matter is resolved, whether by consent, negotiation or a defended hearing. Final orders commonly last for 12 months or two years, although the court can make orders for longer periods depending on the circumstances.
How does an AVO affect family law matters?
An Apprehended Violence Order (AVO) can significantly influence family law matters. The Court prioritises safety and may restrict contact, affect parenting arrangements, or limit time with children. Allegations underlying an AVO are considered when assessing risk, even in the absence of a criminal conviction. Our Sydney firm has both AVO lawyers and family lawyers, who can assist you in managing orders and family law matters at the same time.
An AVO has been wrongfully placed on me during family law proceedings. What can I do?
Unfortunately, some AVO allegations arise during difficult separations, parenting disputes or property settlement conflicts. However, where domestic violence allegations are inaccurate, it is important to challenge them properly.
An AVO can affect parenting orders, supervised time arrangements and how the Federal Circuit and Family Court of Australia views risk issues. Our Sydney team of domestic violence, AVO, and family lawyers regularly assists clients with both criminal and family law matters. That allows us to provide more strategic advice where an AVO overlaps with parenting disputes or allegations of coercive control.
Can an AVO affect my employment or security clearance?
A standard AVO with no breach conviction does not appear on a normal criminal record check or standard police check in NSW. However, it can still be visible in industries that require enhanced screening, licensing, or risk assessments, including work with children, aged care, disability services, healthcare, education, law enforcement, security licensing, government clearances, and certain financial or regulated professions where risk assessments apply.
Does an AVO affect firearms licensing?
If an AVO is made against you, your firearms licence may be suspended or revoked. Police can also seize firearms and weapons. This is especially important for people who rely on firearms for work, rural property management, security work or recreational shooting.
How can an AVO impact travel and visas?
AVOs and related criminal charges can affect visa applications, immigration status and international travel. Some countries may ask about restraining orders or domestic violence-related offences when considering entry.
Do you have an urgent AVO or domestic violence matter?
Get immediate, practical legal guidance from our Sydney AVO lawyers. If you’ve been served with court documents, face an imminent hearing, or need fast advice on an AVO or domestic violence matter in New South Wales, call Jones Hardy Law.
