In New South Wales, the Court provides legal instruments designed to protect individuals from violence, intimidation, harassment, or threats from others. As a result, Personal Violence Orders (PVOs) can be made to protect individuals at risk of harm. This article will explore how Personal Violence Orders work and who can apply.

Apprehended Violence Orders

There are two types of Apprehended Violence Orders (AVOs) utilised by the Court to protect individuals from harm. These include Apprehended Domestic Violence Orders (ADVOs) and Apprehended Personal Violence Orders (APVOs). This article will be focusing on Personal Violence Orders specifically.

What is a Personal Violence Order?

Under Section 18 of the Crimes (Domestic and Personal Violence) Act 2007, a person who is in need of protection from someone who they are not or have been not in a domestic relationship with may apply for a Personal Violence Order. These Orders protect individuals from any form of violence, intimidation (including harassment) and stalking. Examples of people who this order may protect an individual from, include:

  • A neighbour
  • Co-worker
  • Customer or client
  • Former friend
  • School bully
  • Any other individual they have reason to fear

Applying for a Personal Violence Order

In New South Wales, an individual can apply for a personal violence order on their own if over the age of 16, or the police can apply an order for a person’s protection. A provisional order or temporary order by the police will be made if they have reasonable fear for an individual’s safety. This will be in place until the matter is dealt with in court.

Furthermore, a personal violence order can be applied through the assistance of a lawyer and filing an application at a local court. If the individual whom the personal violence order is against, opposes to the order, they must attend Court on the date the hearing is made.

When a Personal Violence Order is Granted

For a Personal Violence Order to be granted, the Court must be satisfied on the balance of probabilities that the individual in need of protection has reasonable grounds to fear the defendant.

Section 36 of the Crimes (Domestic and Personal Violence) Act stipulates the mandatory conditions that must be in place for every AVO.

The defendant is prohibited from:

  • Assaulting or threatening the protected person
  • Stalking, harassing or intimidating the protected person
  • Intentionally or recklessly destroying or damaging any property, or harming an animal that belongs to, or is in the possession of the protected person.

Further conditions may be imposed by the Court, should it be necessary to maintain the safety of the applicant.

Breaching a Personal Violence Order

There are significant consequences for breaching a personal violence order, this of which is a criminal offence. An individual that is found guilty of doing so may face serious fines or face imprisonment for up to two years.

Reporting a breach

If you know that a defendant has contravened their Personal Violence Order, you should speak to the police.

A defendant has breached a Personal Violence Order when they intentionally and knowingly do something that is prohibited in their order. If this occurs, the police have the power to arrest the defendant and charge them with the criminal offence of contravening their personal violence order. They may also be charged with other criminal offences relating to their breach, such as assault.

It should be noted that the defendant cannot be charged with breaching a personal violence order if they were not served with a provisional, interim, or final AVO. In other words, this means they cannot breach a personal violence order if they were unaware that it was made in the first place.

There are instances where accidental breaches for a personal violence order may occur. This may include a defendant entering a building without the knowledge that you were there. A defendant cannot be found guilty of contravening a personal violence order unless they knowingly did something that the personal violence order prohibits them from.

Resources

For further resources on personal violence orders, see the following links:

Legal Aid NSW

NSW Police

NSW Government Communities & Justice

RAMSDEN FAMILY LAW – HOW WE CAN HELP WITH PERSONAL VIOLENCE ORDERS NSW

If you or someone you know needs protection through a Personal Violence Order (PVO), our dedicated family lawyers are here to help.

We understand how overwhelming the legal system can be, and our experienced team is well-versed in navigating these matters. We will guide you through the application process, represent you in court, and ensure that your safety.

At Ramsden Family Law, we prioritise protecting you and your family’s best interests. Taking action is crucial when seeking a Personal Violence Order, so please don’t hesitate to contact us today to speak with one of our experienced lawyers and discuss the best path forward.

The content of this article is intended to provide general guidance to the subject matter and must not be relied on as legal advice. Specific advice should be sought about your circumstances.

Written by Reece Ramsden

Posted in: Domestic Violence

February 20 2025