You have been served with an AVO, or you are thinking about applying for one, and one of the first things on your mind is what it will cost. Here is the straight answer. If police apply for the order on your behalf, it costs you nothing. Where the money goes is legal representation, if you defend an order or run your own application. To defend an AVO through to a final hearing in NSW, expect somewhere between $3,000 and $10,000, and most matters resolve well before they reach the top of that range.
The table below sets out the cost by scenario. After it, I will explain what moves the number, who usually pays, and what happens if a court orders costs against one side.
| Scenario | Typical cost | Who usually pays | Key timing |
|---|---|---|---|
| Have police apply for an AVO for you | No charge to you, the police run the case and legal representation is optional | The state, through the police | Immediate, on-the-spot protection may apply. Order made at court |
| Make a private application for an AVO | Legal fees, unless you choose to run the case yourself | You, if you engage a private lawyer | Order made at court |
| Defend an AVO at a final hearing | $3,000 to $10,000 (legal fees, you can self-represent) | You | Runs over weeks to a few months |
| Consent without admissions early | Materially less | You | Resolved at an early mention |
| A court orders costs against the losing side | Commonly $2,000 to $5,000 | The losing party | Usually payable within 28 days |
| Recover your costs after a dismissal | Depends on conduct (see below) | The other side, if the threshold is met | Sought at the dismissal |
These are ranges, not quotes. Where your matter lands depends on how far it goes and how contested it is, which is what the next section is about.
What moves the cost
Four things decide where you sit in that range.
How far it goes. This is the biggest driver by a distance. A matter that resolves by consent without admissions at an early mention sits at the bottom of the range. A matter that is defended all the way to a contested final hearing, with witnesses and cross-examination, sits at the top. Most of the cost is in the preparation and the hearing days, so the further you travel, the more you pay.
How contested the facts are. One clear issue and agreed facts keep the work down. Disputed allegations, multiple incidents, subpoenaed material and expert or witness evidence all add hearing time and preparation, and that is where the hours go.
Whether you engage a lawyer, and at what level. You can appear without a lawyer, which removes the legal cost but leaves you to run a court matter on your own. Most people who defend an AVO use a solicitor, and some brief a barrister for the hearing. Rates and fixed fees vary between firms, so ask for the fee basis in writing before you commit.
Where it is listed. Regional and busy metropolitan lists can mean more court appearances and adjournments before a matter is finished, and each appearance is time you are paying for.
The decision most people face is whether to defend or to agree to the order by consent without admissions. Consenting is usually the cheaper path, and it does not mean admitting the allegations. Defending can cost closer to $3,000 to $10,000, which is needed when the conditions being sought would genuinely disrupt your life, for example stopping you living in your home or seeing your children, or when the facts are wrong and you are not prepared to have the order made against you. What it turns on is the conditions sought, whether you are willing to admit the facts, and your exposure to a cost order if you defend and lose. If you are weighing this up, our guide on how to defend the AVO walks through the options in detail.
Does it cost money to take out an AVO?
If you need protection and the police apply for an AVO on your behalf, it costs you nothing. The police run the application, and you are the protected person. You can read the court’s own overview of the process on the Local Court of NSW site, and the step-by-step application process is covered separately.
If the police decline and you make a private application yourself, the main cost is legal representation, if you choose to use it.
Who pays, and when a court orders costs
As a rule, each side pays their own legal costs in an AVO matter, whatever the outcome. A cost order, where one party is made to pay the other’s costs, is the exception, not the default.
The power to award professional costs in AVO proceedings sits in section 99 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). The limits on that power sit in section 99A, and they matter a great deal:
A court cannot order costs against a person who applied for an AVO to protect themselves unless the application was frivolous or vexatious, meaning it had no genuine basis or was intended to harass or intimidate. A court cannot order costs against a police officer who applied unless the officer knew the application was false or misleading in a material particular, or the way the case was run departed so far from proper case management as to be inexcusable. Those are high bars, and they are the reason recovering costs from a police-run application is hard.
Where a court does order costs, they commonly fall in the $2,000 to $5,000 range, payable by the losing party. Under Legal Aid NSW guidance, you usually have 28 days to pay a cost order. If paying in that window is not realistic, speak to your lawyer or ask the court for more time before the deadline passes, rather than letting it lapse.
How to recover your legal costs
If you are a defendant and the AVO application against you is dismissed, or you are a party seeking your costs, here is how it actually works.
- A cost order is the court directing the other side to pay some or all of your professional costs. It is not automatic, and it does not follow just because you won.
- The order runs through the professional-costs power in section 99. Whether the court makes one turns on the conduct of the case, not simply the result.
- If the application was a private one, you can seek costs where it was frivolous or vexatious under section 99A.
- If the application was run by police, the section 99A threshold is much higher, so recovery is the exception. For protected persons, the same limits shape when costs can be ordered against you.
Set your expectations honestly. Most defendants who succeed do not get a cost order, because the threshold is about conduct rather than outcome. Ask your lawyer to assess your prospects before you spend money chasing costs you may not recover. The full text of section 99 sets out the power in one place.
Where to from here
An AVO is stressful enough without guessing at the cost. If you have been served, or you are thinking about applying, the useful first step is a clear read on your options and the likely spend before you decide whether to defend or consent. That is what me and my team do. Speak with an AVO lawyer at Justice Family Lawyers for straight advice on where your matter is likely to land. Call 1300 614 732 or book a free discovery call.
Frequently Asked Questions
How much does an AVO cost in NSW?
If police apply for the order, it costs you nothing. Otherwise the cost is legal representation. Defending an AVO through to a final hearing typically costs between $3,000 and $10,000, though most matters resolve well below the top of that range, and consenting without admissions early costs materially less.
Does it cost money to take out an AVO?
If the police apply for an AVO on your behalf, it costs you nothing. If you make a private application yourself, the main cost is legal representation, if you choose to use it.
Who pays legal costs of an AVO?
As a rule, each side pays their own legal costs whatever the outcome. A court can order one party to pay the other’s costs, but only in limited circumstances set by section 99A. Where a court does order costs, they commonly fall in the $2,000 to $5,000 range.
Can I get my legal costs back if the AVO against me is dismissed?
Sometimes, but not automatically. A cost order turns on the conduct of the case, not just the result. If the application was a private one, you can seek costs where it was frivolous or vexatious. If police ran it, the threshold under section 99A is much higher and recovery is the exception.
How long do I have to pay an AVO cost order?
Usually 28 days from the date of the order. If paying at that time is not realistic, speak to your lawyer or ask the court for more time before the deadline passes rather than letting it lapse.
Can costs be ordered against police who applied for the AVO?
Only in narrow circumstances. Under section 99A, a court cannot order costs against a police applicant unless the officer knew the application was false or misleading in a material particular, or the case was run so far outside proper case management as to be inexcusable.
