Can I take out an AVO against my neighbour?

Patrick Schmidt, Special Counsel • Sep 26, 2023

In New South Wales you can apply for an Apprehended Violence Order (AVO) against your neighbour if you have reasonable grounds to believe that you need protection from violence, threats, harassment, or other forms of intimidating behaviour from your neighbour.



There are two main types of AVOs in New South Wales:

  1. Apprehended Domestic Violence Order (ADVO): This type of order is specifically for situations involving domestic violence, which can include violence or threats within a domestic or family relationship. If you have a domestic relationship with your neighbour (e.g., family, intimate partner), you may be eligible for an ADVO.
  2. Apprehended Personal Violence Order (APVO): This type of order is broader and can be applied for in situations where there is no domestic or family relationship between you and your neighbour but you still require protection from violence or harassment.



To apply for an AVO in New South Wales:

Contact your local police: If you believe you need protection, you can contact your local police station to report the situation. They can guide you through the process and may apply for an AVO on your behalf if they believe it's necessary.

 

Apply directly to the court: You can also apply for an AVO directly through the Local Court in New South Wales. You'll need to fill out the necessary application forms, and it's advisable to seek legal advice or assistance to ensure you complete the forms correctly and include all relevant information.

 

Attend a court hearing: After filing the application, you will need to attend a court hearing. At the hearing, you will present evidence and explain why you believe the AVO is necessary. The court will decide whether to grant the AVO based on the evidence presented.

 

Please note that the specifics of AVO laws and procedures may change over time, so it's essential to consult with a criminal lawyer for the most up-to-date and accurate information on how to apply for an AVO in New South Wales. Our criminal lawyers operate 24/7 and provide a free consultation. If you are experiencing any of the above with your neighbour or from any other person, please contact our office and speak to one of our highly experienced criminal lawyers.


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