Domestic Violence and ADVO

2 November 2025 in Family and Divorce Law | 6 min read | skip to FAQs

This article discusses the offences of Domestic Violence, also known as Family Violence, and Apprehended Domestic Violence Orders (ADVO). ADVO is often handled by criminal lawyers, because sometimes an ADVO is associated with criminal charges. However, family lawyers also have extensive experience in this area and are involved in assisting clients in ADVO applications and family violence issues.

What is Domestic Violence?

Violence or a violent act is a serious criminal offence in Australia. If violence leads to serious bodily harm or life threatening results, the criminal charge is Assault occasioning Grievous Bodily Harm (GBH). Domestic Violence includes violence, violent acts, assaults or threats which become aggravated by the relationship between the offender and the victim. Under Section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (the Act) domestic violence includes:

1. Sexual abuse
2. Physical abuse
3. Psychological or Emotional abuse
4. Economic abuse
5. Stalking
6. Intimidation or Harassment
7. Social abuse, including controls, intimidation, isolation
8. Spiritual abuse, including enforcing a person to a belief out of their will.

What is an ADVO?

Anyone who experiences domestic violence can apply to the court to get an Apprehended Domestic Violence Order (ADVO). Regardless of the threat of future violence, the court will impose the necessary restrictions of an ADVO. ADVO is an order of the court that seeks to protect people in violent domestic relationships, known as the protected person, from certain actions by the defendant, such as assault, intimidation, attempting to contact the protected person or coming to the home of the protected person, among other acts. While the legislation regarding ADVOs is consistent throughout Australia, the various states and territories have certain adjustments and particulars in their laws.

Who can Apply for an ADVO?

Anyone who fears for their safety can apply for an Apprehended Violence Order (AVO). There are two types of AVO, one applies to domestic relationships (ADVO) and the other applies when there is no domestic relationship, Apprehended Personal Violence Order (APVO). Please see our related article on Breach of AVO.

For the purpose of the Act, Section 11Crimes (Domestic and Personal Violence) Act 2007 (NSW) a domestic relationship includes any person is or has been in a marriage or intimate relationship, is or has lived in the same household and is or has been a relative.

AVO applications are usually made by the police on behalf of the person in need of protection. However, the person in need of protection can also make an application and the criminal lawyers at Brander Smith McKnight are happy to assist you and make an application on your behalf.

When does the Court Impose an ADVO?

The court will impose an ADVO against someone if  Section 16 Crimes (Domestic and Personal Violence) Act 2007 (NSW) is satisfied, this includes:

1. The court rules that there are reasonable grounds to fear and in fact fears them
2. The court rules that intimidation has been involved
3. The court rules that stalking has been involved
4. The court deems the reported actions necessitate an ADVO

Will An ADVO Appear On Background Criminal Checks?

A police check shows a person’s criminal history, any pending charges, court proceedings and whether an individual is subject to any current bonds. An ADVO by itself will typically not appear during standard criminal background checks that are carried out for general employment purposes.

However, there are several circumstances where the consequences of an ADVO may affect employment by appearing on a background criminal checks.

1. For example, being subject to an ADVO may be considered when applying for or renewing a Working With Children Check (WWCC) in NSW. The Office of the Children’s Guardian assesses the risk posed by individuals, and an ADVO can be a factor in determining a person’s clearance to work with children.
2. The consequences of an ADVO can similarly include potential employment in positions requiring security clearances, such as becoming a police officer or security officer.

Stronger Penalties 2025 NSW for Repeat & Serious ADVO Breaches

In 2025, the NSW government brought in new aggravated offences aimed at repeated and serious breaches of ADVO. Please see the article on stronger ADVO penalties.

These are (1) intentional breach offence and (2) persistent breach offence. These reflect the serious risk posed by offenders who repeatedly and intentionally violate court orders.

In addition to the introduction of aggravated breach offences, the NSW Government has also introduced serious domestic abuse protection orders (SDAPOs). This is a completely new system that will allow courts to impose conditions deemed necessary to prevent an individual from engaging in domestic abuse.

The Introduction of Serious Domestic Abuse Prevention Orders (SDAPOs)

In addition to the introduction of aggravated breach offences, the NSW Government has also introduced SDAPOs. This is a completely new system that will allow courts to impose conditions deemed necessary to prevent an individual from engaging in domestic abuse. These conditions can include requirements to report to a police station at regular intervals or notify police of any new intimidate relationships.

Details of SDAPO

SDAPO’s can be applied for in circumstances where an offender has been convicted of two or more domestic violence offences with a maximum penalty of seven years’ imprisonment or more, or where they are charged with a serious domestic violence offence against a relative or intimate partner.

The penalty for breaching an SDAPO is a maximum term of imprisonment of five years and/or a fine of $33,000.00.

These orders are being implemented to provide ongoing supervision and monitoring of serious domestic violence offenders, with the eventual goal of reducing the risk of further harm to any family members or intimate partners.

Other Reforms to ADVO Legislation in NSW 2025

The reforms of the NSW government also include several other important changes that address gaps or inconsistencies in the legal framework for domestic violence:

1. Expanded Definition of Stalking: The definition of stalking has been expanded to specifically include technological surveillance, such as tracking an individual’s movements through GPS or similar devices, as well as monitoring an individual’s communication through online accounts.
2. Electronic Service of Provisional AVO’s: Police will now be able to issue provisional AVOs electronically, with the party’s consent. This means that police will no longer need to bring individuals to a police station for the paperwork, leading to the process becoming more efficient, and less stressful for domestic violence victims.
3. Name Change for Children: Sole parents will now be able to change their child’s name with a court order under amendments to the Births, Deaths and Marriages Registration Act 1995. This change allows victims of domestic violence greater power regarding protecting their children.

How can BSM Sydney Lawyers assist you?

ADVO is usually handled by criminal lawyers, because sometimes an ADVO is associated with criminal charges. However our family lawyers also have extensive experience in this area and can assist clients in ADVO applications and family violence. We have experience defending ADVOs and applying for ADVOs. Our criminal and family lawyers provide a free 20-minute consultation.

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BSM Lawyer Sydney have offices conveniently located in Sydney CBD, Sutherland, Parramatta, Shellharbour and Wollongong.