In brief
In NSW, domestic violence covers criminal charges (assault, stalking, intimidation) and civil orders (AVOs and ADVOs). An ADVO restricts your conduct, affects firearms licences, and can influence family law proceedings. A specialist domestic violence lawyer advises on contesting the order, negotiating conditions, or defending the associated criminal charges.
Domestic violence matters in NSW involve two overlapping legal systems: the criminal courts and the civil order regime. A single incident can generate both criminal charges and an Apprehended Violence Order (AVO) proceeding, and the consequences of either (or both) can be far-reaching.
If you have been charged with a domestic violence offence, served with an AVO application, or named as a defendant in an Apprehended Domestic Violence Order (ADVO) proceeding, getting specialist legal advice before your first court date is essential. The decisions you make in the first days of a domestic violence matter can shape the outcome for years.
What is an AVO?
An Apprehended Violence Order (AVO) is a court order that restricts a person’s conduct towards another person who fears for their safety. It does not record a criminal conviction. But it does impose legally enforceable conditions, and breaching those conditions is a criminal offence.
There are two types:
- Apprehended Domestic Violence Order (ADVO): issued where the protected person is in a “domestic relationship” with the defendant. This includes current or former intimate partners, family members, and people who live or have lived together.
- Apprehended Personal Violence Order (APVO): issued where the parties are not in a domestic relationship (for example, neighbours, colleagues, or people who know each other socially).
The overwhelming majority of AVO proceedings in the NSW Local Court involve ADVOs. When people talk about “getting an AVO” or “an AVO against me,” they are almost always referring to an ADVO.
How AVO proceedings begin
ADVO proceedings can be initiated in two ways:
By NSW Police: When police attend a domestic incident and form the view that a person is at risk, they will almost always apply for an ADVO. This happens even if the protected person does not want one and does not consent to the application. A police-initiated ADVO proceeds regardless of the protected person’s wishes once lodged.
By a private person: Anyone who fears for their safety can apply to the Local Court for an AVO directly, without police involvement. The court then serves the defendant and lists the matter for a hearing.
In the immediate aftermath of an incident, police often issue an “interim ADVO” on the spot. This is an order that takes immediate effect and remains in place until the matter is dealt with by a court. You cannot be penalised for the interim ADVO being issued, but you can be charged if you breach it.
Standard ADVO conditions
Every ADVO contains mandatory conditions that prohibit the defendant from:
- Assaulting, threatening, or intimidating the protected person
- Stalking or harassing the protected person
- Intentionally or recklessly destroying property belonging to or used by the protected person
Courts can add further conditions, including:
- Prohibiting any contact (including phone, text, or through a third party)
- Prohibiting approach to specified locations (the protected person’s home, workplace, children’s school)
- Requiring the defendant to vacate a shared residence
The conditions on your ADVO (and whether they can be varied) are worth understanding carefully, particularly where children and a shared home are involved.
Criminal charges alongside an ADVO
An ADVO proceeding is civil, not criminal. But in many domestic violence matters, criminal charges are laid alongside the ADVO application. Common domestic violence criminal charges include:
- Common assault (section 61, Crimes Act 1900 (NSW)): physical contact or threats causing apprehension of unlawful force
- Assault occasioning actual bodily harm (ABH, section 59): assault that causes physical injury
- Stalk/intimidate (section 13, Crimes (Domestic and Personal Violence) Act 2007 (NSW)): causing the protected person to fear for their safety
- Destroy or damage property (section 195, Crimes Act 1900 (NSW))
A domestic violence tag on a criminal charge changes the sentencing framework. Assault that constitutes a domestic violence offence carries a higher maximum penalty than the equivalent non-domestic assault charge. Courts are required to take the domestic violence nature of the offending into account at sentencing.
Contesting an ADVO
You are not required to agree to an ADVO. You can contest the application, in which case the matter proceeds to a hearing where the protected person (or police) must satisfy the court to the civil standard (on the balance of probabilities) that the protected person has reasonable grounds to fear for their safety.
Contesting an ADVO is a real option where:
- The allegations are false or exaggerated
- The protected person does not actually fear for their safety (common in police-initiated matters where the applicant does not support the order)
- The conditions sought are disproportionate to the circumstances
However, contesting an ADVO is not without cost or risk. It requires a hearing, cross-examination of witnesses, and exposure to the court’s findings. A lawyer can advise whether contesting is the right strategy for your specific situation, or whether negotiating the conditions of a “consent” ADVO (agreed without admissions) is a better outcome.
Consenting to an ADVO “without admissions”
In many cases, the defendant agrees to an ADVO on a “without admissions” basis. This means the order is made, but no finding is made against you, you have not admitted to anything, and the court makes no findings of fact. It is a pragmatic resolution that avoids the uncertainty of a hearing.
Consenting to an ADVO without admissions does not constitute a criminal conviction. But the order still exists, still imposes binding conditions, and still affects firearms licensing and (indirectly) some family law proceedings.
Whether to contest or consent is a decision that requires careful legal advice. It depends on the specific allegations, the evidence available, your personal circumstances, and what you need to protect: your record, your relationship with your children, your employment, or your housing.
Consequences of an ADVO
Being subject to an ADVO (even one made without admissions) has real consequences:
Firearms licences: An ADVO automatically triggers the suspension and revocation of any firearms licence you hold. Firearms must be surrendered. This affects farmers, security professionals, and hunters significantly. There are avenues to seek restoration of a licence after an ADVO expires, but the process is not straightforward.
Family law proceedings: An ADVO is not determinative in family court proceedings, but it is relevant. Courts considering parenting orders are required to consider any family violence and any protection orders in place. An ADVO can affect the parenting arrangements the Family Court or Federal Circuit Court is willing to make.
Employment: Certain employment categories (working with children, security roles, some government positions) require disclosure of protection orders or will be affected by them.
Working With Children Check: A domestic violence finding (as distinct from an ADVO made without admissions) can affect a Working With Children Check clearance. Legal advice on how to handle this is particularly important for people in education, childcare, or healthcare.
Breaching an ADVO
Breaching the conditions of an ADVO is a criminal offence. Under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), a first breach carries a maximum penalty of 2 years imprisonment and/or a $5,500 fine. A second or subsequent breach carries a maximum of 5 years imprisonment and/or an $11,000 fine.
Police take AVO breaches seriously. An allegation of breach (even one that is contested or disputed) will almost always result in an arrest and bail refusal at the station, requiring a bail application in the Local Court.
If you are subject to an ADVO and have any question about whether a particular contact or action would breach its conditions, do not act on assumptions. Call a lawyer first.
Legal representation across the South Coast
South Coast Criminal Lawyers appears in Local Courts across the NSW South Coast in domestic violence matters. Tony Cullinan has appeared in AVO and ADVO proceedings at Nowra, Batemans Bay, Bega, and other South Coast courts for over 20 years.
Domestic violence matters are handled with strict confidentiality. The initial consultation is private and carries no obligation.
