Getting an apprehended violence order
An Apprehended Violence Order (AVO)
An AVO is a court order that prohibits a person from doing certain acts to ensure the safety of another person.
Every AVO will automatically order that your perpetrator does not assault, molest, threaten, harass, intimidate, or stalk you.
The Magistrate may also make other orders appropriate to your circumstances, such as prohibiting the violent person from approaching you or carrying any firearms.
Criminal Record and Breaches
An AVO itself does not result in a criminal record.
However, breaching an AVO is a criminal offence, and the police can arrest and charge the person.
Household Arrangements
Getting an AVO does not necessarily mean that the perpetrator has to leave the house.
You can obtain a final AVO with an exclusion order, which means the housemate is excluded from the house, even if they would otherwise have a right to be there.
In certain circumstances, you may choose to apply for a final AVO with an exclusion order if there has been violence against you, and you want to stay and take over the lease.
Court Proceedings
If the perpetrator agrees to the orders, the Magistrate can make the final order on the day of the mention.
If the perpetrator disagrees, the matter will be scheduled for hearing at a later date, and an interim order can be made for your protection in the meantime.
Emergency Housing Options
If you need to leave the tenancy because of domestic violence and are eligible for public housing, you can apply to DCJ Housing for emergency housing.
For advice about your situation, contact your local tenants’ advice service or community legal centre.
Getting Financial Help
If you’re struggling to pay rent, DCJ Housing can provide Rentstart to help you establish or maintain private rental if you meet certain eligibility criteria.
DCJ Housing may also provide priority housing if private rental is unsuitable for you.
It also has a Start Safely Subsidy, which provides short to medium-term financial help to women who have experienced domestic violence to secure private rental accommodation.
Contact your local DCJ Housing office or your local tenants’ advice service for eligibility details.
Leaving Early with a Tenancy Agreement
If you or your dependent child are in circumstances of domestic violence, you can leave a tenancy early by giving a domestic violence termination notice at any time.
Once you give your domestic violence termination notice and move out, your liability as a tenant ends.
You will not have to pay any penalty or compensation for early termination.
Giving a Domestic Violence Termination Notice
You should give the termination notice to your landlord or real estate agent and all other co-tenants.
You can find domestic violence termination notice templates on the NSW Fair Trading website or the Tenants’ Union website.
There is no minimum notice period, but you must specify a termination date, which can be the date the notice is given or a date after this.
The notice must be in writing and signed by you.
Attach evidence of your circumstances to the termination notice given to the landlord/real estate agent.
You do not need to provide this information to any other person except the landlord/real estate agent.
Types of Accepted Evidence
There are two main types of evidence you can attach to a Domestic Violence termination notice:
- Evidence from specific legal processes.
- A declaration about your circumstances by a competent person.
Possible Evidence from Legal Processes
A copy of the certificate of conviction where the domestic violence offender has been found guilty of a domestic violence offence relating to you or a dependent child.
A copy of a current domestic violence order (DVO) made against the domestic violence offender showing you or a dependent child as the protected person.
A copy of a Family Law injunction made in your favour in proceedings against the domestic violence offender.
Declaration by a Competent Person
A competent person can complete a declaration that you or a dependent child are in circumstances of domestic violence.
A standard form must be used, and a copy of the declaration can be found on the relevant websites.
You only need to attach this evidence to the termination notice given to your landlord.
While you must also give a termination notice to all other co-tenants, you do not need to attach evidence to those notices.
Definition of Domestic Violence Offender
For the purposes of determining whether you are in circumstances of domestic violence, the term domestic violence offender refers to a current or former co-tenant/occupant or a person with whom you have had a domestic relationship.
Who is Considered a ‘Competent Person’?
A ‘competent person’ includes:
- A registered health practitioner (e.g., doctor, nurse, psychologist).
- A member of the Australian Association of Social Workers.
- An employee of a NSW government agency providing child welfare services.
- An employee of a non-government agency providing domestic violence services.
Other Options to End Your Tenancy
- 21 Day Notice for Periodic Agreements
If your fixed term has expired and you are in a periodic agreement, you can give a 21-day written notice of termination.
Once you have moved out and the notice period has expired, your tenancy ends.
Your liability continues for the 21-day notice period, but you don't need to provide evidence of your circumstances.
- Tribunal Order Ending Your Tenancy
As a tenant or sub-tenant with a written agreement, you can apply to the Tribunal for an order to end your tenancy.
The Tribunal can end your tenancy if they are satisfied that, in the 'special circumstances’ of your case, you would suffer undue hardship if the tenancy was not terminated.
- 14 Day Notice for Breach – Sub-tenants Only
If you are a sub-tenant and the person using violence is a head-tenant, you can give the head-tenant a 14-day written notice of termination for breach of your peace, comfort, and privacy.
Once you have moved out, and the notice period has elapsed, your tenancy ends.
You Have a Tenancy Agreement & Want the Person Using Violence to Leave
Final AVO Prohibiting Access to the Premises
If a final AVO is made prohibiting a tenant or co-tenant from the residential address, this effectively terminates that person’s tenancy.- Tribunal Order Ending Co-Tenancy
As a co-tenant, you can apply to the Tribunal for an order to end another co-tenant's tenancy.
The Tribunal can end a co-tenancy if they find it appropriate in the 'special circumstances’ of the case.
You are a Boarder or Lodger
The domestic violence early termination provisions do not apply to your type of agreement.
If you want to leave, you will most likely need to give notice in accordance with your agreement.
If the person using violence is the head-tenant and there is a final AVO prohibiting them from the residential address, this effectively terminates their tenancy.
Occupants can apply to the Tribunal for recognition as a tenant under the residential tenancy agreement.
Seeking Further Advice
If your circumstances aren’t listed here, or you have questions about your individual situation, contact your local Tenants’ Advice and Advocacy Service for free advice.
International students living and studying in NSW can also receive tenancy advice from Redfern Legal Centre's International Students Practice.