Question 1

What is an ADVO?

Accepted Answer

An Apprehended Domestic Violence Order (ADVO) is a civil order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) to protect a person with whom the defendant is, or has been, in a domestic relationship. It imposes conditions on the defendant — at a minimum, conditions prohibiting violence, threats, intimidation and stalking — and may impose further conditions restricting contact, approach or residence.

Question 2

Is an ADVO a criminal charge?

Accepted Answer

No. An ADVO is a civil order, not a criminal charge, and the making of an order does not result in a criminal record. However, contravening an ADVO is a separate criminal offence that can result in a conviction and, in serious cases, imprisonment.

Question 3

What must be established before a final ADVO is made?

Accepted Answer

Under s 16, the court ordinarily asks whether there are reasonable grounds for the protected person to fear, and whether the person in fact fears, a future personal violence offence, intimidation or stalking. Section 16(2) removes the actual-fear requirement in specified circumstances, including where the protected person is a child or has appreciably below-average general intelligence. If an order is made by relying on s 16(2)(d), s 16(2A) limits it to the mandatory prohibitions in s 36.

Question 4

Can I defend an ADVO?

Accepted Answer

Yes. If you do not consent to the order, the matter is listed for a defended hearing at which the applicant must satisfy the court that the legal test for making a final order is met. Evidence is given and tested, and the court then decides whether to make the order.

Question 5

What happens at a defended hearing?

Accepted Answer

At a defended hearing the court examines the evidence rather than relying on assertions. Witnesses give evidence on oath or affirmation and may be cross-examined, documentary and electronic evidence may be considered, and legal submissions are made. The court then determines whether the test for a final order is satisfied on the balance of probabilities.

Question 6

What does consent without admissions mean?

Accepted Answer

It means a defendant agrees to the order being made without admitting that the allegations are true. The order takes effect and is fully enforceable, but the court makes no findings of fact, there is no admission of the allegations, and it is not a criminal conviction.

Question 7

What evidence can be used?

Accepted Answer

A wide range of evidence may be relevant, including witness accounts, body-worn video, CCTV, text messages, emails, social media, audio recordings, medical records, photographs and admissions. The court weighs the evidence as a whole to decide what it reliably establishes.

Question 8

Can text messages be used?

Accepted Answer

Yes. Text messages and other electronic communications are commonly relied upon in ADVO proceedings. They may bear on the relationship, the alleged conduct, timing, or the surrounding context, and — like all evidence — they are open to being examined and tested.

Question 9

What happens if the protected person does not attend court?

Accepted Answer

The outcome depends on the circumstances and on who has brought the application. The absence of the protected person does not automatically bring the matter to an end, particularly where police are the applicant, because the proceedings are not conducted solely at the protected person's direction.

Question 10

Can police continue proceedings?

Accepted Answer

Yes. Where police are the applicant — as they are in most matters — they may continue to pursue the application even if the protected person does not wish to proceed. The decision rests with police, who act in the protected person's interests but are not bound by their wishes.

Question 11

Can an ADVO affect employment?

Accepted Answer

It can, depending on the nature of the work. An ADVO may be relevant to roles involving background checks, working with children or positions of trust, and some occupations require disclosure. The relevance varies considerably between different kinds of employment.

Question 12

Can an ADVO affect firearms licences?

Accepted Answer

Yes. When an ADVO is made, any firearms licence or permit is automatically suspended or revoked, and the person is generally prohibited from possessing firearms for a period of ten years after the order ends.

Question 13

Can an ADVO be varied?

Accepted Answer

Yes. The terms of an ADVO can be varied by application to the court — conditions may be added, removed or altered, and the duration may be changed. The court considers whether the proposed variation is appropriate in the circumstances and retains responsibility for ensuring the order continues to provide appropriate protection.

Question 14

Can an ADVO be appealed?

Accepted Answer

In defined circumstances, a final order may be the subject of an appeal to a higher court. Appeals operate according to specific pathways, time limits and procedures, and the availability and prospects of an appeal depend on the circumstances of the particular decision.

Question 15

How long can an ADVO remain in force?

Accepted Answer

The court sets the duration of a final ADVO, having regard to the circumstances. Final orders commonly run for two years, but the period can be longer, and the order can be varied or extended by later application to the court.

Apprehended Domestic Violence Orders in New South Wales

Understanding ADVOs

How an ADVO Is Applied For

Mandatory & Additional Conditions

Consenting Without Admissions

Defending an ADVO

Variation & Revocation

Breach of an ADVO

What We Examine in an ADVO Matter

Frequently Asked Questions

Sources & further reading

A Guided Path Through Our Domestic Violence Resources

New to domestic violence proceedings?

Involved in ADVO proceedings?

Preparing for a hearing?

Considering an appeal?

Related Authority Resources

Domestic Violence Defence Hub

Domestic Violence Defence Lawyers NSW

Core Defence Frameworks

Core Defence Domestic Violence Method™

Core Defence Credibility Assessment Framework™

Core Defence Evidence Evaluation Framework™

False Allegations Resource Centre

Defended Hearings Resource Centre

Domestic Violence Bail Resource Centre

Domestic Violence Appeals Resource Centre

The principles that guide our approach to domestic violence defence representation, advocacy, education and professional service.

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