How to Find Out if Someone Has an AVO in New South Wales ?

An Apprehended Domestic Violence Order (ADVO) is a legal order made by a court in New South Wales to protect a person from violence, threats, intimidation, stalking, or harassment by someone they are or were in a domestic relationship with. It is a preventative measure designed to stop harm before it occurs, rather than to punish past conduct.
Breaching an ADVO is not a light matter. Under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), failing to comply with an ADVO is a criminal offence that can lead to a conviction recorded, significant fines, or imprisonment. Importantly, an ADVO is enforceable even if the protected person initiates contact or invites the defendant to breach the order the legal responsibility to comply always rests with the defendant.
Understanding what constitutes a breach, the potential consequences, and the legal process is essential for anyone subject to an ADVO or involved in its enforcement.
What is an ADVO?
An ADVO is a court-issued order that sets specific conditions restricting the behaviour of a defendant to protect a person they have or had a domestic relationship with. “Domestic relationship” under the law includes:
Spouses or de facto partners (current or former)
- Relatives, including those by marriage
- People living in the same household
- People in a close personal relationship
Standard conditions apply to all ADVOs and prohibit:
- Assaulting, threatening, stalking, harassing, or intimidating the protected person
- Deliberately or recklessly destroying or damaging their property
The court can also impose additional conditions tailored to the circumstances, such as:
- Prohibiting any contact with the protected person (direct or indirect)
- Preventing the defendant from approaching certain places (home, workplace, school)
- Restricting communication via phone, email, social media, or third parties
An ADVO does not give the protected person the power to change or waive conditions only the court can vary or revoke the order.
How to Find Out if Someone Has an AVO?
In NSW, finding out whether someone has an Apprehended Violence Order (AVO) is not straightforward and often restricted. This is due to various privacy limitations that prevent you from accessing this information. This blog will explain those limitations as well as potential reforms that could change this process. Additionally, the blog will explain the consequences of breaching the conditions of an AVO.
How can you currently determine whether someone has an AVO?
Currently, the only way you can determine whether someone has an AVO against them is if it is recorded on that person’s Court file, and it appears on their criminal record. However, it is important to note that when an AVO is made against a person, this is a civil law matter.
This means that it will not be recorded on their criminal record. If that person breaches one or more of the conditions of the AVO, then that offence will appear on their criminal record and be included in any police checks made.
In NSW, it is not possible, nor is it legal to carry out a Nationally Coordinated Criminal History Check (NCCHC) without that person’s informed consent. However, an exception to this, is that a business or employer can assume responsibility of carrying out this check on
behalf of the candidate. There are certain processes they must follow before they can formally apply for the criminal history check. This makes it very difficult for you to determine whether someone has an AVO against them.
What counts as a Breach of Apprehended Violence Order?
An Apprehended Violence Order (AVO) whether it is an ADVO (Apprehended Domestic Violence Order) or APVO (Apprehended Personal Violence Order) is a binding court order. Breaching any condition of that order is a criminal offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
A breach occurs when the defendant (the person the order is made against) fails to comply with any term of the AVO, even if:
- The protected person (PINOP) initiates contact.
- The breach causes no physical harm.
- The breach was unintentional but not immediately rectified.
Common breaches include:
- Assaulting, threatening, stalking, harassing, or intimidating the protected person.
- Damaging their property.
- Contacting them directly or indirectly (calls, texts, social media, via others).
- Going near prohibited places (home, work, school).
- Attending banned events or locations.
- Using social media to engage with or about them.
What are the consequences of breaching the conditions of an AVO?
Contravening an AVO is a criminal offence under s 14 of the Crimes (Domestic and Personal Violence) Act 2007. If you breach a condition of an AVO, you may be arrested or issued with a Court Attendance Notice. If you are found guilty of a breach, you may face up to two years imprisonment or a fine of up to $5500.
It is important to be aware that you can only be charged with contravening the order if you knowingly breach the conditions. This is to prevent any charges being made due to accidental breaches for example, if both parties unknowingly attend the same public space such as a shopping centre. Other penalties that may be imposed if a breach occurs include:
- Home detention;
- Receiving a suspended sentence;
- Receiving a Good Behaviour Bond; or
- Receiving a s 10 dismissal under the Crimes (Sentencing and Procedure) Act 1999.
This means that the Court could dismiss a charge against someone found guilty of an offence without recording a conviction.
Possible reforms in this area
There has been much discussion on potential reforms regarding the accessibility of information that informs a person if someone has an AVO against them. The most notable reform has been the ‘Right to Ask’ Scheme proposed in 2023 under the NSW state government. The scheme received much support from lawmakers however, nothing has been done since the proposal in 2023.
If the scheme were to be enacted, police officers will be given the right to inform potential victims of domestic violence about their partner’s history of domestic violence and a history of any AVOs made against them. The law would mirror Clare’s Law in the UK, which aims to help people at risk of domestic violence make decisions about their relationships based on this information. The potential victim would be able to apply for this information through an
online portal or phoneline.
Concerns about the proposed scheme
Whilst on face value, the proposed scheme is advantageous to help prevent domestic violence, there are several concerns. They include: The potential for malicious applications of the law. This is because people who are not in a relationship with a person could make a request for this information.
A lack of clarity around proposed penalties. There are proposed penalties for malicious applications, but it is still unclear what these may be. Without any adequate penalties, there is also little disincentive for anyone to find out whether someone has an AVO.
A lack of clarity of how the police would be able to prove whether an application to seek this information is malicious. This would be difficult unless that person’s partner is informed of the request. By informing them, the person making the request could be placed in danger. The scheme would severely impact a person’s right to privacy.
Conclusion
Whilst it is in the interests of safety to have mechanisms for accessing a person’s AVO history, the above-mentioned concerns demonstrate good reason as to why this information is difficult to access. If you or someone else you know are experiencing domestic violence in a family law context, don’t navigate these challenges alone. Feel free to contact our experienced family law team to help you understand the complexities of your situation.
Protecting the safety of individuals is paramount, and while mechanisms do exist for accessing a person’s AVO history, the legal and privacy concerns outlined above explain why such information is not easily obtained. If you or someone you care about is facing domestic violence particularly in the context of family law the right legal advice can make all the difference.
The Norton Law Group offers trusted guidance and strong representation to help you navigate these complex issues with confidence. Contact our
experienced Family Lawyers in Sydney today to discuss your situation and safeguard your rights.