Domestic and Family Violence: Your Legal Rights in NSW
Everyone has the right to feel safe. If you are experiencing domestic violence, NSW law provides protections, and if you have been named in a violence order it is important to understand your rights. This article provides general information; if you are in immediate danger, always call 000.
What is domestic and family violence?
Domestic and family violence is not limited to physical harm — it can include emotional, psychological, financial and other abusive and controlling behaviour within family and domestic relationships.
Apprehended violence orders (AVOs)
A key protection is the apprehended violence order, or AVO. NSW courts make this order to protect a person from violence, threats, intimidation, harassment or stalking by setting conditions on the other person's behaviour. There are different types depending on the relationship. An AVO is a protective order rather than a criminal charge in itself, but breaching an AVO is a serious criminal offence.
Your rights and options
If you are experiencing violence, options include seeking an AVO, involving the police, and getting support from specialist services. If you have been named in an AVO, you also have rights — to understand the allegations, obtain legal advice, and respond. Domestic and family violence often intersects with parenting and property matters, so a joined-up approach helps.
Frequently asked questions
What is an AVO in NSW?
An apprehended violence order is a court order protecting a person from violence, threats, intimidation, harassment or stalking by setting conditions on the other person's behaviour. Breaching an AVO is a serious criminal offence.
How do I get an AVO?
An AVO can be sought through the police or the court process. Legal advice helps you understand the type of order and how to seek protection effectively.
What should I do if I have been named in an AVO?
You have the right to understand the allegations, obtain legal advice, and respond. Because an AVO can have significant consequences, prompt advice is important.
Confidential, practical advice from Leyden Legal
As experienced family violence lawyers, Tamworth and district clients rely on Leyden Legal for sensitive, practical advice across the North West. *If you are in immediate danger, call 000.*
Contact Leyden Legal today for confidential advice and support.
This article provides general information only and is not legal advice, and does not address every safety consideration. If you are in immediate danger, call 000. Please seek tailored legal advice and appropriate support.
