Understanding ADVOs (Apprehended Domestic Violence Orders) In NSW

An apprehended domestic violence order (ADVO) is the domestic violence order NSW courts make to protect a person from violence, threats or intimidation by someone they share a domestic relationship with. It is a civil order, not a criminal charge, but breaching one is a criminal offence.



For people in the Northern Rivers, an ADVO often sits alongside other family law questions, particularly where children are involved. This guide from McVittie Legal explains what an ADVO is, who can apply, what it can restrict and how it can affect parenting arrangements. It provides general information only, not legal advice for your circumstances.

What is an apprehended domestic violence order?

An apprehended domestic violence order is a court order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Its purpose is to protect a person (the protected person, or person in need of protection) from future harm by another person (the defendant).

The word "apprehended" matters. A court does not need to find that violence has already occurred. Instead, the court must generally be satisfied, on the balance of probabilities, that the person has reasonable grounds to fear and in fact fears a domestic violence offence, intimidation or stalking. In some cases, such as where the person is a child under 16, the court does not need to be satisfied that the person actually holds that fear.

An ADVO differs from an apprehended personal violence order (APVO). An APVO applies between people who are not in a domestic relationship, such as neighbours or colleagues. An ADVO applies where the two people share a domestic relationship, which NSW law defines broadly. It can include:

• Current or former spouses, de facto partners or intimate partners
• People who live, or have lived, in the same household
• Relatives, including in-laws and extended family
• A person and their paid or unpaid carer
• In Aboriginal and Torres Strait Islander communities, people who are part of the same extended family or kin

A final ADVO is not a criminal conviction and does not appear on a criminal record check, although police keep a record of it. It is still a serious legal order with real consequences for both parties.

Who can apply for an ADVO in NSW?

There are two main pathways for an ADVO in NSW: police can apply, or the person in need of protection can apply privately through the Local Court. Both pathways generally lead to the Local Court, where a magistrate decides whether to make the order.

• Police applications. NSW Police can apply for an ADVO on someone's behalf, often after attending a domestic violence incident. In urgent situations, police can seek a provisional order, which a court or a senior police officer can make and which generally stays in force until the matter is first before the court. Only police can apply where the order is solely to protect a child under 16.
  
• Private applications. A person aged 16 or over can apply for an ADVO themselves through a Local Court registry, and the application can also extend to protect children. In the Northern Rivers, this usually means applying through a local court such as Ballina or Lismore. Registry staff can explain the process, and Women's Domestic Violence Court Advocacy Services (WDVCAS) provide information, advocacy and referrals to women attending court.

Once someone files an application, the matter goes before a magistrate. The court can make an interim order, often at the first court date, which protects the person while the case continues. The defendant can then consent to a final order, with or without admitting the allegations, or oppose the application at a hearing.

Because the right pathway depends heavily on the facts, getting early advice can help you understand which option suits your situation and what evidence the court may consider. A lawyer can also explain what to expect at each court date.

What behaviours can a domestic violence order in NSW restrict?

Every ADVO contains mandatory conditions. These prohibit the defendant from assaulting, threatening, stalking, harassing or intimidating the protected person or anyone they have a domestic relationship with. They also prohibit the defendant from intentionally or recklessly destroying or damaging their property or harming an animal that belongs to or is in the possession of the protected person.

The court can add further conditions to suit the circumstances. Common examples include orders that the defendant must not:

• Contact the protected person by any means, except through a lawyer or as the order permits
• Approach or come within a set distance of the protected person's home, workplace or other places they regularly attend
• Approach the protected person within a set time after consuming alcohol or drugs
• Try to locate the protected person
• Live in, or enter, a shared home (an exclusion order)

An ADVO also affects firearms. An interim ADVO automatically suspends the defendant's firearms licence and a final ADVO automatically revokes it. The defendant must then surrender their firearms and licence to police.

The defendant must follow every condition for as long as the order lasts. Knowingly breaching an ADVO is a criminal offence, with a maximum penalty of two years' imprisonment, a fine of up to 50 penalty units or both. The conditions bind the defendant only. A protected person cannot breach an ADVO, even if they make contact themselves.

What happens if you are served with an ADVO?

If you are named as the defendant, the most important thing is to read the order carefully and comply with every condition from the moment it is served, including any interim or provisional order. Comply even if you disagree with the allegations.

At court, a defendant generally has three broad options: consent to the order, consent without admitting the allegations or defend the application at a hearing. Each option carries different consequences, including for any related family law matters, firearms licences and some types of employment.

This is a point where independent legal advice makes a genuine difference. A lawyer can explain how the proposed conditions would work in practice and whether they align with any existing arrangements for children. If you need guidance on an ADVO application or response, contact our team to discuss your situation confidentially.

How does an ADVO affect parenting arrangements?

An ADVO and parenting arrangements operate under different laws. The ADVO falls under NSW law and parenting orders fall under the federal Family Law Act 1975, but the two frequently overlap. Where an ADVO is in place, it can shape what parenting arrangements are considered safe and workable.

Several points of intersection are worth understanding:

• Children can be protected persons. The court must extend an ADVO to protect any children the protected person has a domestic relationship with, unless it is satisfied there are good reasons not to.
• Exceptions for parenting contact. Where an ADVO restricts contact, the court can include exceptions for contact through a lawyer, to attend accredited or court-approved counselling or mediation, as ordered by a court about the children or as agreed in writing about contact with the children, so that parenting arrangements can continue safely.
• Disclosure to the family court. Parties in family law proceedings must tell the court about any family violence order affecting them or their children. Likewise, a person applying for an ADVO must tell the Local Court about any existing or pending parenting orders.
• Inconsistent orders. Where a parenting order and an ADVO say different things, the parenting order generally overrides the ADVO where they overlap. A parenting plan does not override an ADVO. When making a final ADVO, the Local Court can also revive, vary, discharge or suspend a parenting order, but only if it has new information the family court did not have.

Safety concerns are one of the factors courts weigh heavily. Read our guide on how courts and parents decide parenting arrangements to understand the broader framework.

Example scenario (illustrative only): A separated parent in Lennox Head is the protected person under an ADVO with a no-contact condition. The couple's two children spend alternate weekends with each parent under an informal arrangement. Because the ADVO has no exception for parenting contact and there are no parenting orders in place, any contact to arrange handovers could put the other parent in breach. Legal advice can help both parents understand their options, such as seeking parenting orders with supervised or third-party handovers that work alongside the ADVO.

If an ADVO affects your parenting arrangements, our team supporting family law in Ballina can help you understand how the two interact. Early advice can also help you avoid an accidental breach while arrangements are being worked out.

Where can you find support and advice?

If you are in immediate danger, call Triple Zero (000). For confidential counselling, information and referrals about domestic and family violence, 1800RESPECT is available 24 hours a day on 1800 737 732. Legal Aid NSW, WDVCAS and the NSW Local Court website also provide information about the application process.

Every domestic violence order in NSW turns on its own facts, and the consequences can reach well beyond the order itself. They can affect where children live, how they spend time with each parent and how property and family law proceedings unfold. The clearest next step, whether you are seeking protection or responding to an application, is to get advice tailored to your situation before you make key decisions. McVittie Legal supports individuals and families with family law in the Northern Rivers, including matters involving ADVOs, in a calm and confidential setting.

Frequently asked questions about ADVOs in NSW