Restraining orders are known as Apprehended Violence Orders in New South Wales (AVOs). The Crimes (Domestic and Personal Violence) Act 2007 is the primary piece of legislation in NSW that addresses AVOs. These orders are intended to safeguard a person from many forms of abuse, including sexual, emotional, psychological, and physical abuse.

There are two types of AVOs:

1. An Apprehended Domestic Violence Order (ADVO) which is issued where there is a domestic relationship between the parties; and
2. An Apprehended Personal Violence Order (APVO) which deals with the protection of someone or something when there isn’t a household relationship present, like between co-workers, neighbours or complete strangers.

Any person, over the age of 16, who is or has been the victim of physical assault, threats of physical harm, stalking, intimidation or harassment and has a reasonable fear to believe that this behaviour will continue can apply for an AVO. Subsequently a Police Officer can also apply for an AVO on behalf of a person.  They have a duty to evaluate your circumstances, get a statement if necessary, and submit the application on your behalf if they believe and suspect that an AVO is required to ensure your safety and protection.

The Crimes (Domestic and Personal Violence) Act 2007 provides that the criteria that needs to be established to satisfy the court to issue an AVO is that:

• there are fears for your safety; and  
• those fears are reasonable.

Section 36 of the Crimes (Domestic and Personal Violence) Act 2007 provides prohibitions that must be specified in every apprehended violence order. To find out more about this, visit our Apprehended Violence Orders page.