False AVO Claims

A false AVO claim is an application for an apprehended violence order where material facts are fabricated or materially exaggerated. NSW recognises 2 forms of AVOs: the first is an apprehended domestic violence order where the parties are in a domestic relationship; the second is an apprehended personal violence order where the parties are not in a domestic relationship. Police frequently apply for ADVOs on behalf of complainants. Individuals can bring private applications, particularly for APVOs through the local court.

False AVO claims, when proven to be dishonest, can expose the maker to criminal liability under separate provisions outside the AVO scheme. Those provisions are discussed below.

What Constitutes A False AVO Claim?

Legally and factually, a claim is false when the applicant knowingly asserts events or threats that did not occur or materially misrepresent facts in a way that would reasonably cause a court to make an order that otherwise would not be made. Relevant conduct can include:

• Fabrication of incidents or threats
• Selective omission of key exculpatory facts
• Misrepresenting communications or photographs
• Sworn evidence that the maker knows is untrue

Where false statements are sworn in court, the conduct may amount to perjury. Perjury in NSW carries significant penalties under section 327 of the Crime Act 1900.

Understanding False AVO Claims In NSW

New South Wales uses a structured pathway for AVOs. Police can issue urgent provisional AVOs, then the Local Court considers interim orders at the first mention after service. Final orders are made after a defended hearing or by consent without admissions. Because decisions at the interim stage rely on notices and brief statements, misleading or incomplete material can influence the outcome. Understanding how provisional and interim orders work helps you plan a response, gather evidence, seek variation, and organise witnesses before hearing, or negotiate undertakings.

Is Making False AVO Claims Illegal?

Making false AVO claims is illegal. While the AVO application itself is a civil protective process, knowingly making false accusations of false reports can lead to separate criminal charges. Key provisions include:

• False accusations: Section 314 of the Crimes Act 1900 makes a 7 years maximum penalty provision for making an accusation intending another person be investigated knowing that the person is innocent.
• Public mischief: Section 547(b) of the Crimes Act 1900 provides up to 12 months imprisonment and a fine for knowingly making a false representation to a police officer that calls for an investigation.
• False or misleading information to a public authority: Section 307(b) of the Crimes Act 1900 considers it an offence, providing false or misleading information in specified contexts.
• Perjury: Section 327 of the Crimes Act 1900 considers false statements on oath in a judicial proceeding to carry significant penalties.

Courts may also make cost orders in limited scenarios where the application is frivolous or vexatious or where police knowingly included false or misleading matters, although those others are carefully restricted by statute.

Why Do People Make False AVO Claims?

Motivations vary. Some applicants file in the heat of conflict or out of fear, while others act strategically in parenting, property, or tenancy disputes to gain leverage, exclude someone from a home, or influence negotiations. A few applications are retaliatory or based on misunderstandings amplified by social media or third-hand reports. Courts assess evidence, internal consistency, timelines, and credibility rather than motives alone. Challenging a dishonest claim usually needs a contemporaneous diary, screenshots, call logs, location data, and independent corroboration from witnesses or CCTV. Seek disclosure, test inconsistencies, and ask for variations or dismissal at the earliest safe opportunity.

Common Motivations Behind Frivolous AVO Claims

These are some common motivations behind frivolous AVO claims:

• Seeking leverage in parenting or property disputes
• Retaliation after a relationship broke down
• Attempting to exclude someone from a home or workplace
• Misunderstanding of what the AVO scheme is intended to cover

Courts look closely at patterns, timing, and whether the alleged fear is both subjectively held and objectively reasonable.

What Are The Penalties For Making False Accusations?

Criminal penalties depend on the charge and facts. The table below summarises common offences engaged by false AVO allegations.

In addition to criminal penalties, there are targeted cost rules. A court may award costs against an AVO applicant only in narrow circumstances, such as when a private application is frivolous or vexatious. Costs against police are limited to cases where the officer knew the application contained false or misleading matter.

Can You Press Charges Against Someone For Making False AVO Accusations?

Yes. Make a detailed report to police and provide your statement, messages, emails, lawfully obtained recordings, and witness details. Police decide whether to investigate and refer charges such as making a false accusation, public mischief, or perjury where a sworn statement was used. Prosecutors must prove the allegation was false and made knowingly or recklessly, beyond reasonable doubt. Courts consider credibility, consistency, timelines, corroboration, and whether any statement was sworn. If police decline, get legal advice about review options or civil avenues such as defamation or malicious prosecution, noting costs and evidentiary risks.

How To Fight A False AVO

Act quickly and stay calm. Obey any provisional or interim order to avoid a breach. Note the return date, read the application and statements carefully, and engage a criminal or AVO lawyer. Ask the duty lawyer if you need urgent help.

Build a chronology and evidence bundle. Save messages, emails, call logs, location data, photos, and any CCTV. Identify witnesses and collect signed notes. Seek disclosure and consider subpoenas. At the first mention, you can request an adjournment, apply to vary interim conditions, or negotiate undertakings without admissions. If the case proceeds, file your material on time, prepare targeted questions for cross examination, highlight inconsistencies, and present independent corroboration wherever possible.

Strategies For Defending Against False AVO Claims

False AVO claims can move quickly and feel overwhelming. Stay calm, obey any interim conditions, and focus on gathering reliable evidence with help from a lawyer. Use the checklist below to organise your defence before the return date.

• Collect contemporaneous material. Export SMS threads, messaging logs, email chains, social media posts, and call logs. Keep full threads, not snippets.
• Secure independent evidence. Seek copies of CCTV footage, building access logs, travel records, or work rosters to show where you were.
• Record a timeline. Create a dated chronology of events and communications.
• Identify neutral witnesses. Ask colleagues, neighbours, or other third parties to provide statements if they observed relevant events.
• Preserve devices and backups. Avoid deleting anything. Maintain originals and export read-only copies for your lawyer.
• Get legal representation early. A lawyer can test the basis for interim orders, manage communications, and advise on risk.

Can You Dispute An AVO?

Yes. On the first return date in the Local Court you indicate whether you consent, do not oppose without admissions, or oppose the order. If you contest it, the court sets directions and a defended hearing date. Expect a timetable for filing and serving statements, usually with the applicant first and the respondent later, plus dates for subpoenas and any witness notices. You may need a Notice of Address for Service and interpreter request. Interim orders can be made or varied while the case is pending. Meet filing deadlines, attend each mention, and seek legal advice or duty lawyer assistance.

Can An AVO Be Overturned?

Final AVOs can be varied or revoked where circumstances change or the order is no longer necessary for safety. You usually apply in the Local Court that made the order, explain what has changed, attach supporting material, and serve the protected person and police if they were the applicant. Interim orders can be reviewed at mentions. You can also appeal a final AVO to the District Court within strict time limits that are commonly 28 days, with possible extension by leave. Courts weigh current risk, compliance history, and any fresh evidence. Obtain legal advice promptly to protect timeframes.

What Happens If Someone Violates An AVO?

Contravening an AVO is a criminal offence. Police can arrest and charge if they reasonably suspect a breach, and the court can impose penalties including fines and imprisonment under section 14 of the Crimes (Domestic and Personal Violence) Act 2007. Each prohibited contact or approach may count as a separate breach. The protected person is not charged for contacting the defendant, but invitations or mixed contact can affect whether an order should be varied. Defendants may raise issues such as lack of service, misunderstanding of terms, or reasonable excuse, but should seek variation rather than risk further breaches.

What Do You Need To Prove AVO?

To make an AVO, the applicant must satisfy the court they fear violence, stalking, intimidation, or similar conduct and that the fear is reasonably held. Useful proof includes detailed sworn statements, dated messages and emails, call logs, photographs, medical notes, police event numbers, 000 recordings, prior incidents, and any breach history. Communities and Justice guidance emphasises chronology and specificity. The court weighs credibility, consistency, and objective records when assessing risk and necessity.

For a respondent disputing a claim, focus on contradicting the factual core. Collect timeline evidence such as phone location data, app metadata, access swipes, CCTV, transport tickets, bank transactions, work rosters, and neutral witness statements. Preserve devices. Serve subpoenas where appropriate. Cross examine on inconsistencies and omissions. Strong, independent evidence can lead to refusal, variation, or dismissal, since proof, not rhetoric, is what moves the decision maker.

Document Everything For Sufficient Evidence

Collect reliable, time-stamped material early. Consistent documentation strengthens credibility, supports your timeline, and helps challenge inaccurate statements or allegations effectively.

• Texts, emails, and direct messages with full metadata where possible
• Call logs and phone location records
• Photos and videos with date stamps
• Access logs, rosters, tickets, and receipts
• Any prior complaints or communications that show context

Obtain Independent Evidence

Seek independent, verifiable sources to corroborate your account. Neutral evidence increases credibility and can decisively counter disputed allegations in court.

• CCTV or body-worn camera footage, if lawfully accessible
• Witness statements from neighbours, co-workers, or family members who are neutral
• Medical notes, if relevant to injuries or lack of injuries
• Building or vehicle telematics records, where available

Do I Need A Lawyer To Fight An AVO?

Yes, legal representation is strongly recommended. A specialist AVO or criminal lawyer can explain the law, test the evidence, and manage disclosure, subpoenas, and witness notices. They can seek safer interim conditions, negotiate undertakings without admissions, and prepare you for a defended hearing. A lawyer will draft clear affidavits, organise exhibits with dates and metadata, and plan cross examination that targets credibility and risk. They also help you avoid accidental breaches by explaining the order’s terms and guiding safe communication and documentation.

Outcomes often differ with professional help. With a lawyer, you are more likely to meet deadlines, narrow issues, exclude unreliable material, and secure variation or dismissal where appropriate. Without one, people commonly miss filing dates, consent on unfavourable terms, file inadmissible material, or mishandle cross examination. If funds are tight, ask the duty lawyer or Legal Aid about assistance.

Speak To The Police (In Context Of False Accusations)

If you believe an AVO application contains false allegations, you can make a report to police. Stick to facts, provide documents in an organised way, and avoid editorial comments. Police may assess offences such as false accusations, public mischief, or perjury where appropriate. If police ask you for a statement in a related criminal investigation, seek legal advice so you understand your options and how your statement might be used.

How To Mentally Deal With False AVO Allegations

False allegations can affect sleep, relationships, and work. Consider support from a GP, counsellor, or psychologist. Tell trusted friends what is happening so they understand changes to your routine. Keep routines, exercise, and sleep consistent. Practical steps such as organising a case file, setting calendar reminders, and limiting social media commentary can reduce stress while your matter progresses.