What Is an ADVO? Apprehended Domestic Violence Orders in NSW Explained

When relationships break down, allegations of family violence often have serious and long-standing consequences for family law proceedings.

It is all too common for parties negotiating parenting arrangements, a property settlement, or seeking to commence proceedings in the Federal Circuit and Family Court of Australia to also have an Apprehended Domestic Violence Order (ADVO) against one of the parties to the relationship.

Understanding what an ADVO is, and how it may affect your family law matter, is critical as the Federal Circuit and Family Court of Australia will normally adopt a cautious approach, particularly when a child is involved. As such, and whilst an ADVO is designed to provide protection from things like violence, intimidation, harassment, or stalking, it can also influence the way family law proceedings are managed and determined.

What Is an ADVO?

An ADVO is a court order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) to protect a person from behaviours such as violence, intimidation, stalking, harassment, or other threatening conduct. Whilst an ADVO will often be put in place when someone is charged with a crime, this is not always the case, and the determination of this in the first instance is usually up to the relevant state police. However, it is important to remember that an ADVO operates nationally and needs to be complied with across Australia.

Whilst an ADVO will almost always have police involvement, an ADVO is not itself a criminal conviction. Rather, it is a protective order designed to reduce the risk of future harm. However, breaching an ADVO is a serious criminal offence and may result in criminal charges being laid, and any bail being revoked once the police are informed.

Who is involved in an ADVO?

• Applicant: the person who applies for the ADVO. If you apply directly to the Court, you are the applicant. However, in the vast majority of matter the police apply for you, and as such, the police officer is the applicant.

• Protected person: the person who needs protection. This person may also be referred to as the "Person in Need of Protection" (PINOP) or the complainant.

• Defendant: the person the ADVO is made against and who must comply with the conditions of the order.

Who Can Get an ADVO in NSW?

An ADVO may be made where the parties are in, or have previously been in, a domestic relationship, including:

• Married or de facto couples;

• Former spouses or partners;

• Parents of a child;

• Family members; or

• People residing in the same household.

Police have the power to apply for an ADVO on behalf of a PINOP at their discretion, usually following a domestic violence incident or the reporting of one. It is also possible for an individual to apply directly through the Local Court of New South Wales, but this is far less common and often more difficult.

Where police consider that protection is necessary, they will issue a provisional order which is immediately in place once served on the defendant, before the matter comes before a Judge of the Local Court of New South Wales for further consideration. This will normally happen quite quickly, so a defendant’s liberties are not restricted for too long without the matter appearing before a Judge.

ADVO Conditions NSW

The police and a Court making an ADVO can impose a range of conditions depending on the circumstances of the case.

Common conditions require the defendant not to:

• Assault, threaten, stalk, harass or intimidate the protected person;

• Damage property belonging to the protected person;

• Contact or communicate with the protected person except in certain circumstances; or

• Attend specified locations.

In some matters, ADVO conditions may be tailored to allow communication concerning children to occur through lawyers, parenting communication platforms (such as Our Family Wizard), or in accordance with an order of a Court (Usually a Family Law Court).

How Long Does an ADVO Last in NSW?

Clients frequently ask how long does an ADVO last in NSW.

There is no fixed duration. The Local Court has discretion to determine the period for which an order remains in force. Many final ADVOs operate for one to two years, although longer periods may be appropriate where ongoing protection is required.

Interim and provisional orders may remain in place until the proceedings are finalised, and it is important to remember that defendants do not receive any ‘credit’ for the time that an interim or provisional ADVO is in place against them.

Why Legal Advice Matters

ADVOs can have significant consequences in family law matters, particularly where children are involved and the conditions of an ADVO may affect communication between parents and their former spouse and/or child.

Importantly, compliance with the conditions of an ADVO is compulsory, and the Police will usually treat a breach quite seriously. This can often lead to confusion and issues when there are Family Law orders that allow for things that an ADVO may ban. In these circumstances, it is vital to obtain good and early family law advice to make use of sections such as s. 68 and s. 68Q of the Family Law Act which allows a family law order regarding a child to invalidate an inconsistent ADVO condition. A common example is where an ADVO would prevent a person from seeing their child, but the Federal Circuit and Family Court of Australia makes an order permitting it. In these circumstances, and if orders are made under s. 68 and s. 68Q, the family law orders would prevail.

Whether you are seeking protection through an ADVO or responding to a family law application where an ADVO is in place, it is important to understand both the immediate consequences of the ADVO, and its potential impact on any family law proceedings.

At Dorter Family Lawyers & Mediators, we regularly advise clients on the intersection between family violence allegations, Apprehended Domestic Violence Orders, and proceedings in the Federal Circuit and Family Court of Australia. Our expert advice can assist in ensuring appropriate protections are in place while preserving practical arrangements for children and families moving forward.