What Happens When An Avo Expires?

By Author: AVO Specialist Lawyers
Total Articles: 1
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An Apprehended Violence Order (AVO) is a court order issued to protect individuals and their families from a recognised threat of violence. Once served, the conditions in an AVO remain enforceable for a fixed period and end when the AVO expires.

If you've applied for an AVO or are the recipient, understanding what happens when an AVO expires can help you get the best legal advice for your situation. This article explains what an AVO is and what happens when it expires, including critical implications for both parties and actions to take.

If you have had an AVO placed against you, please call James & Jaramillo Lawyers to organise a free consultation! (02) 8005 3075

What is an AVO?

AVOs are a type of personal or domestic violence order used to protect victims and their dependents from future violence or threats to their safety. As part of the National Domestic Violence Scheme, AVOs are enforceable throughout Australia. However, the specific type of order and its legislation may vary between states and territories.

Who can apply for an AVO?

Anyone over 16 ...
... who has been a victim of physical assaults, threats, stalking, or intimidation can apply for an AVO. The police can issue provisional AVOs or make a court application on behalf of victims to ensure their safety and protection.

(Click here for our other blog that answers 'How To Find Out If Someone Has An AVO NSW?')

AVO conditions and expiry

AVOs contain conditions that restrict the recipient of the order, the respondent, from contacting, assaulting, threatening, or stalking and destroying the protected person's property.

Further conditions may restrict the respondent from other actions and behaviours, including possessing firearms or prohibited weapons.

Breaching an AVO is a criminal offence. If a respondent is charged with breaching the order by the police, they face a court appearance and potential fines or imprisonment. When the respondent is served with an AVO, its conditions become enforceable.

Depending on the jurisdiction where it is issued, an AVO lasts for a fixed period of up to two years and then expires. Every AVO will state its expiration date. Courts can specify a period that may be longer or consider applications to extend the length of an AVO to safeguard the protected person.

What happens when an AVO expires?

When an AVO expires, its conditions expire, too, meaning that the orders it contains prohibiting proximity to a protected person or other behaviours and actions are no longer enforceable. It is not possible to breach an expired AVO.

An expired AVO affects both parties

The expiration of an AVO is essential because it has significant personal and legal implications for both parties:

For the protected person

An expired apprehended violence order means that the respondent is no longer legally restrained by the conditions of the order. Unless a criminal offence occurs, the respondent is no longer prohibited from being near or contacting a protected person.

For the respondent

Though an AVO is not a criminal charge, breaching it is a criminal offence. Once the AVO expires, a respondent can no longer be charged with breaching it. As long as they do not commit a crime, they can undertake actions that previously would have violated the order.

It is important to note that for respondents, the implications of an AVO persist beyond its expiry date. AVOs do not go on your criminal record. Still, they are disclosed in Working With Children Checks, family court applications, and security licensing and can prevent you from holding firearms for up to 10 years.

The next steps after an AVO expires


The purpose of an AVO is protection from violence and harassment. If an AVO is about to expire, the protected person, the defendant, and the Court may need to determine if the order needs to be continued or whether circumstances have changed to an extent where its protection is no longer necessary.

If you are the protected person in an AVO

If you are worried about violence, intimidation, or harassment from the respondent continuing beyond the expiry of the AVO, you can apply to the Court for an extension of the order.

Once you apply to the Court, the AVO will not expire but remains in force until you go to Court to determine if the extension should be upheld.

The Court will evaluate whether the extension is necessary, examining statements and evidence from you, the defendant, and the police. The Court can then decide to extend, vary or set aside the AVO.

You can also speak to the police about your circumstances. They can take a statement from you and serve an application on your behalf.

If you are the recipient of an AVO

As a defendant, you can object to the continuance of an AVO against you or the application for a new AVO if a previous one is fully expired. This requires a court attendance where you or your legal representative can explain why the AVO should not be granted or extended. You can provide oral and written evidence and witnesses to support your position.

In a court hearing, you and any witnesses can present evidence to fight the AVO or one or more of its conditions. Depending on the decision of the Court, the AVO may be varied or revoked.

If children are involved

AVOs routinely include children and other dependents as they have a domestic relationship with the protected person. In some situations, separate orders may be in place for children. The Court should review these at the same time the demand for the protected person is considered for an extension.

Navigating the expiration of an AVO can be stressful; have expert advice on your side
If you are facing the expiration of an AVO, expert legal advice can equip you with the information and counsel needed to make the best decisions for your circumstances. Our New South Wales legal team has the insights and experience in AVOs required to provide you with the best support and representation during a challenging time.

Call our AVO specialist lawyers if you need AVO legal advice in the Sydney area.