An Apprehended Domestic Violence Order (ADVO) can have dramatic ramifications, whether you are the person seeking protection or the person named as a defendant. If police have served you with an order, or you are considering applying for one, understanding how ADVOs work in New South Wales is the first step toward protecting your rights and safety.
This guide explains what ADVOs are, how they are made, what conditions apply, and what happens if they are breached, so you can make informed decisions about your next steps.
Key Takeways
- ADVOs protect individuals from violence, harassment, or intimidation within a domestic or family context.
- There are two types: private ADVOs applied for by the person in need and police ADVOs made on someone's behalf.
- Conditions imposed can range from prohibiting contact to restricting firearm possession.
- Breaching an ADVO can lead to significant penalties, including imprisonment.
- Defenses to breaching an ADVO include lack of knowledge or intent, and coercion.
What is an Apprehended Domestic Violence Order?
Apprehended Domestic Violence Orders (ADVOs) are protective court orders made to ensure the safety of a Person In Need of Protection (PINOP) from threats of violence, intimidation, harassment or stalking by someone with whom they are currently or have previously been in a domestic relationship.
Through police action following a reported incident or by a private application at a Local Court, ADVOs are placed with the intent to protect and prevent future harm. ADVOs specify conditions that place restrictions on a defendant’s threatening behaviour, such as restrictions on the home, work or other frequently visited locations of the PINOP, restricted communication between parties and other obligations that must be followed.
It is important to understand that ADVOs are protective orders, not criminal convictions. However, ensuring conditions are not breached is imperative, as a breach of an ADVO is a criminal offence that often results in serious penalties, including fines and imprisonment.
If you are involved in an ADVO matter, whether seeking protection or responding to an application, it is crucial to understand your rights and obligations. Obtaining legal advice early from experienced AVO lawyers can help ensure the order is appropriate, fair, and properly understood.
Understanding Domestic Relationships in NSW
Section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) defines a domestic relationship as a domestic or family relationship existing between the defendant and the protected person.
A domestic relationship is taken to exist in circumstances including, but not limited to, the following:
- Being married, or in a de facto relationship.
- Having, or having previously had, an intimate personal relationship with the other person, whether or not it involved sexual relations.
- Living or having lived in the same household as the other person.
- Living or having lived as a long-term resident in the same residential facility at the same time as the other person (not including correctional centres or detention centres).
- Being a relative by family or marriage.
- In the case of an Indigenous Australian or a Torres Strait Islander, the two parties are or the same Indigenous Kinship system.
ADVO vs APVO: What's the Difference?
Apprehended Violence Orders (AVOs) are classified into two distinct types of court orders: Apprehended Domestic Violence Orders (ADVOs) and Apprehended Personal Violence Orders (APVOs). The appropriate order for a situation is determined by the nature of the relationship between the parties.
Where the relationship between the parties does not meet the definition of a domestic relationship, but the complainant nonetheless seeks legal protection from the defendant, an Apprehended Personal Violence Order (APVO) may be the more appropriate form of court order. This commonly arises in disputes involving neighbours, colleagues, acquaintances, or strangers.
Although both orders are governed by the Crimes (Domestic and Personal Violence) Act 2007 (NSW) and may impose similar conditions, the classification of the order influences how police approach the matter and may determine what the court decides.
What Constitutes Domestic Violence Under NSW Law?
Physical Violence Offences
Domestic violence offences can include inflicting physical harm upon someone in a domestic relationship. This includes assault, sexual assault, choking, or damaging property. These behaviours may form the basis of an ADVO application even if no criminal charges are ultimately laid.
Intimidation and Stalking
The law also recognises non-physical conduct, including threats, harassment, repeated unwanted contact, or following a person. Conduct that causes fear for safety can be sufficient to justify an order.
Coercive Control
NSW law now expressly recognises coercive control, which involves patterns of behaviour intended to dominate, control, or isolate another person. This may include financial control, monitoring communications, or restricting freedom.
Types of ADVOs in NSW
In New South Wales, ADVOs are typically made in stages, progressing through provisional, interim, and final orders. Provisional and interim ADVOs are specifically designed to provide urgent protection in situations of immediate danger, ensuring safety for those at risk while legal proceedings are underway. Understanding these stages is important, as each type of order serves a different purpose and operates for a different period.
Provisional ADVOs
A provisional ADVO is usually issued by a police officer in urgent situations, particularly when there is an immediate danger to the PINOP following a domestic violence incident. It provides immediate, short-term protection and comes into effect as soon as it is served. A provisional ADVO remains in force until the matter is brought before the Local Court.
Interim ADVOs
An interim ADVO is a temporary order made by the court at an early stage of proceedings. Interim orders may be made quickly to provide immediate protection while the matter is ongoing and before a final decision is reached. The interim ADVO remains in place until the case is fully heard or otherwise finalised.
Final Apprehended Violence Orders
A final ADVO is made after the court has considered the evidence, or where the defendant consents to the order being made. Final orders can be in effect for a specified period or indefinitely and include enforceable conditions designed to prevent future violence, intimidation, or harassment.
Eligibility to Apply for an ADVO
To apply for an Apprehended Domestic Violence Order (ADVO) in New South Wales, the applicant must demonstrate a domestic relationship with the person they are seeking protection from. This includes current or former spouses, de facto partners, relatives, or anyone with whom the applicant has shared an intimate personal relationship or lived together. The law also covers extended family members and those connected through Indigenous kinship systems.
Eligibility further requires that the applicant has reasonable grounds to fear, and actually fears, domestic violence from the alleged perpetrator. This fear must be based on specific conduct or threats that give rise to a genuine concern for safety. Applications can be made directly at the Local Court or by a police officer acting on behalf of the PINOP.
It is crucial for those considering whether to apply for an ADVO to seek legal advice to ensure they meet the eligibility criteria and to understand the process involved in seeking protection from apprehended domestic violence.
How to Apply for an ADVO in NSW
An application for an ADVO can be made by the police on behalf of an alleged victim or privately by an individual. Understanding how the process works can assist both the defendant responding to an application and those seeking protection.
Police Applications
A police officer may apply for an ADVO on behalf of a person where they believe there is a risk of physical or threatened violence. Most circumstances of police applications arise following a family violence incident and may be made alongside criminal charges. In urgent cases, police can issue a provisional ADVO to provide immediate protection, with the matter then listed before the Local Court for further consideration.
Private Applications
An individual experiencing domestic violence may also apply for an ADVO directly by lodging a private application in the Local Court of NSW. This process does not involve police unless they are later required to give evidence. The Local Court will grant an ADVO if it is satisfied that the applicant has reasonable grounds to fear a personal violence offence or intimidation from the defendant. The court may make an interim order for temporary protection pending the matter’s full determination.
What Happens at Court for an ADVO?
ADVO proceedings are heard in the Local Court and usually begin with a first mention. At this stage, the court will set a court date, confirm the identities of the parties, ensure the defendant has been served with the application, and consider whether an interim ADVO should be made or remain in place.
The defendant will be asked whether they consent to the order, with or without admissions, or wish to oppose it. An instructed legal representative may appear at first mention on behalf of the defendant in their absence. The court must explain the effect of the ADVO and the consequences of breaching it to both the defendant and the protected person.
If the defendant elects to oppose the ADVO, the matter will be listed for a hearing date. At the hearing date, both parties may attend court to present their case. Both parties may also give evidence, call witnesses, and make submissions. The court will assess whether the protected person has reasonable grounds to fear violence, intimidation, or stalking, and whether that fear is held.
After considering the evidence, the magistrate will decide whether to make a final ADVO, dismiss the application, or make other appropriate orders. If a final order is made, the court will set the conditions and duration of the ADVO, and both parties will be legally bound to comply with its terms.
ADVO Conditions: What Defendants Must Follow
When an ADVO is made, the defendant is legally required to comply with all conditions set by the court. These conditions are designed to protect the PINOP and prevent further violence, intimidation, or harassment.
If the court does not specify a duration for the ADVO, it will remain in force for the default period, typically 12 months, but may be extended to two years. Failing to comply with any condition of an ADVO is a criminal offence and can result in serious consequences, including criminal proceedings resulting in fines or imprisonment.
Mandatory Conditions (Standard Orders)
Every ADVO includes mandatory conditions imposed under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). These standard orders require that the defendant not assault, threaten, stalk, harass, or intimidate the protected person. These conditions apply regardless of the specific circumstances of the case and form the minimum level of protection afforded by the order.
Additional Conditions
In addition to the mandatory conditions, the court may impose additional conditions tailored to the particular circumstances of the matter. These may include restrictions on contacting the protected person, approaching their home, workplace, or school, or excluding the defendant from a shared residence. The court has broad discretion to impose any conditions it considers necessary to ensure the safety and protection of the PINOP.
Associated Criminal Charges with ADVOs
ADVOs are often made alongside, or in connection with, criminal charges arising from the same set of circumstances. Common associated offences include assault, stalking or intimidation, property damage, breaches of bail, and offences relating to coercive control.
While an ADVO itself is a civil order and does not amount to a criminal conviction, the conduct giving rise to the application may still be prosecuted through the criminal courts.
It is also important to note that when a defendant breaches an ADVO, it is a standalone criminal offence under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Even a minor or unintentional breach, such as sending a message defying a non-contact condition, can result in arrest and criminal charges.
Because ADVO proceedings and related criminal charges often run at the same time, decisions made in one matter can have significant consequences for the other. Obtaining early legal advice is critical to protect a defendant’s rights, manage risk, and ensure any interactions with police or the court are handled appropriately.
Consequences of Breaching an ADVO
Breaching an ADVO is a serious criminal offence in New South Wales. Once an ADVO is in force, the defendant must strictly comply with all conditions, regardless of whether they agree with the order or believe the protected person consents to the conduct.
Penalties for Breach
A breach of an ADVO can attract severe penalties. These may include substantial fines and/or imprisonment, with harsher consequences for repeat breaches or where violence is involved. Courts treat breaches seriously, as they undermine the protective purpose of the order and place the protected person at risk.
What Constitutes a Breach?
A breach occurs when the defendant fails to comply with any condition of the ADVO. This can include contacting the protected person when prohibited, approaching restricted locations, engaging in intimidation or harassment, or committing further acts of violence. Importantly, a breach can occur even if the protected person initiates contact, as only the court can vary or revoke an ADVO.
Can an ADVO Be Varied or Revoked?
An ADVO may be varied or revoked by the Local Court where there has been a change in circumstances. Either party or the police may apply to amend the conditions of the order, alter its duration, or seek its revocation. The court will assess whether the existing order continues to be necessary to ensure the safety and protection of the PINOP
When considering whether to vary or revoke an ADVO, the court applies the same legal threshold required to make the order in the first place. The court must be satisfied that the protected person has reasonable grounds to fear that the defendant will commit violence, engage in stalking, or intimidation, and that the protected person genuinely holds that fear.
If the court is no longer persuaded that this threshold is met, it may determine that variation or revocation of the ADVO is appropriate.
Defending an ADVO Application
If you are named as a defendant in an ADVO application, you have several options available to you in the Local Court. You may choose to consent to the order, either with or without admissions, or oppose the application. Consenting without admissions allows an ADVO to be made without accepting the allegations, which may be appropriate where a defendant wishes to avoid contested proceedings, such as a hearing, while limiting legal risk.
If you decide to oppose the ADVO, the matter will be listed for a hearing where the applicant or police must satisfy the court that the legal threshold for making the order is met. The defendant is entitled to challenge the evidence, give their own evidence, call witnesses, and make submissions to the court.
Defending an ADVO application can have significant legal consequences, particularly where related criminal charges are also before the court. The outcome may affect future bail applications, family law arrangements, and employment. Obtaining legal advice early can help assess the strength of the application, understand available options, and ensure your rights are properly protected throughout the process.
Interstate Orders and Recognition
Since 25 November 2017, all Apprehended Violence Orders, including ADVOs, made in any Australian state or territory are automatically recognised and enforceable nationwide. This means that ADVOs issued in New South Wales are valid and enforceable in every other state and territory.
Review and Appeal of ADVO Decisions
If you are dissatisfied with a decision made by the Local Court regarding an ADVO, you have the right to appeal to the District Court. Appeals must be lodged within 28 days of the Local Court’s decision. During the appeal, you may present new evidence or argue that the original decision was incorrect based on the facts or the law.
Recent Changes to ADVO Laws in NSW
Recent reforms in New South Wales have expanded the scope of ADVOs to provide stronger protection for victims of domestic violence. Under the Stronger Communities Legislation Amendment (Domestic Violence) Bill 2020, the law now recognises that harm or threats to animals can be used as a form of coercive control.
ADVO conditions have been updated to explicitly protect pets belonging to, or in the care of, the protected person. This change ensures that perpetrators cannot use violence against animals to intimidate or manipulate their victims.
The reforms also include stronger penalties for breaching an ADVO. Breaches that are repeated or intentional, particularly where the aim is to cause fear or harm, now carry more serious consequences. These changes aim to close gaps in the law and reinforce the protective purpose of ADVOs, ensuring that victims and their families are better safeguarded from domestic violence.
In addition, the reforms support victims by improving court processes, including measures that reduce the trauma experienced by complainants. This includes options for giving evidence remotely or behind screens, helping to make the legal process safer and more accessible for those affected by domestic violence.
How Hamilton Janke Lawyers Can Help
If you or someone you know is served with an ADVO or APVO in New South Wales, it is vital that you seek legal advice and representation. Through experience and expertise, Hamilton Janke Lawyers will be able to advise on how best to proceed and assist you through every step of navigating an Apprehended Violence Order. Contact our team today.
