ByLawyers News and Updates

ADVO – NSW

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From 31 March 2025, new offences for knowingly contravening an apprehended domestic violence order (ADVO) apply.

The new offences are found in s 14(1A)–(1C) of the Crimes (Domestic and Personal Violence) Act 2007.

Section 14(1A) makes it an offence to knowingly contravene an ADVO with the intention of causing physical or mental harm to the protected person under the order, or to cause the protected person to fear for their safety or that of another person. A maximum penalty of 3 years imprisonment or 100 penalty units, or both, applies.

Section 14(1B) provides that a person intends to cause a protected person:

  • physical or mental harm; or
  • to fear for their safety or the safety of another person,

if the person knows the conduct is likely to cause that harm or fear.

Under s 14(1C), a person who:

  • knowingly contravenes an ADVO against them; and
  • on at least two other occasions in the 28 days immediately preceding the contravention, also knowingly contravened:
    • an ADVO in relation to the same person who was protected under the ADVO the person contravened earlier; or
    • the same ADVO, whether or not in relation to that same protected person; or
    • an ADVO arising from the same application under Part 10 of the Crimes (Domestic and Personal Violence) Act 2007, whether or not in relation to the same protected person, and
  • the conduct would be considered by a reasonable person to be likely to cause the protected person physical or mental harm, or to fear for their safety or the safety of another person, whether or not that harm or fear was actually caused,

is guilty of an offence subject to a maximum penalty of 5 years imprisonment or 150 penalty units, or both.

The By Lawyers Apprehended Violence Order (NSW) guide has been updated accordingly.

Coercive control – NSW

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From 1 July 2024 the new offence of coercive control under s 54D(1) of the Crimes Act 1900 is included in the definition of personal violence offence under s 11 of the Crimes (Domestic and Personal Violence) Act 2007, and can therefore be the grounds for a court making an apprehended domestic violence order.

The offence is found in the new Division 6A in Part 3 of the Crimes Act 1900, inserted by the Crimes Legislation Amendment (Coercive Control) Act 2022.

Section 54D(1) creates an offence of abusive behaviour towards a person who is the offender’s current or former intimate partner. It is punishable by a maximum penalty of seven years imprisonment.

The offence requires a course of conduct consisting of abusive behaviour, and the offender must intend that the course of conduct coerce or control the victim.

An intimate partner is someone to whom the offender is or has been married or in a de facto relationship, or with whom they have or have had an intimate personal relationship.

A course of conduct is defined as behaviour that is either repeated, or continuous, or both. There is no minimum number of incidents, they need not be in an unbroken series, nor in immediate succession. Incidents both in and outside of NSW can be included.

Section 54F(2) provides a non-exhaustive list of what can constitute abusive behaviour, including:

  • causing harm to a child if a person fails to comply with demands made of them;
  • causing harm to the person against whom the behaviour is directed, or another adult, if the person fails to comply with demands made of them,
  • economic or financial abuse;
  • shaming, degrading, or humiliating a person;
  • harassing, monitoring, or tracking a person;
  • damaging or destroying property;
  • isolating a person or preventing them from keeping connections with their family, friends, or culture.

The amending Act also inserted a new s 6A into the Crimes (Domestic and Personal Violence) Act 2007 to provide a definition of domestic abuse, being:

…violent or threatening behaviour, behaviour that coerces or controls, or behaviour that causes a person to fear for their or others’ safety and wellbeing.

The new s 6A includes a non-exhaustive list of behaviours that can constitute domestic abuse. This largely mirrors the list in s 54F of the Crimes Act, but includes behaviour that exposes a child to the effects of domestic abuse.

Behaviour may be domestic abuse, and therefore ground an apprehended domestic violence order, even if it doesn’t constitute a criminal offence.

The By Lawyers Apprehended Violence Order (NSW) guide has been updated accordingly.

Specialist Family Violence List – NSW

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A Specialist Family Violence List operates in some Local Court locations from 25 September 2023.

The Specialist Family Violence List Pilot Practice Note applies in the Downing Centre Local Court, Blacktown Local Court, Newcastle Local Court, Gunnedah circuit, excluding Tamworth, and Moree circuit. The list may operate at other local courts at the Chief Magistrate’s direction.

The practice note applies to all family violence related proceedings listed at those locations, which include:

  • All domestic violence offences, including breaches of Apprehended Domestic Violence Orders (ADVOs);
  • All applications for ADVOs, whether commenced by police or privately;
  • Family law applications if ancillary to an ADVO application.

Apprehended Personal Violence Orders and personal violence offences that are not domestic violence offences under s 11 of the Crimes (Domestic and Personal Violence) Act 2007 are excluded.

Eligible matters will automatically be placed in the list. Charges and related AVOs will be listed together and remain together as they progress.

There are different procedures for standalone ADVO proceedings and those with related criminal charges.

Lapsing interim order

The practice note provides that the court can deal with standalone ADVO matters in the Specialised Family Violence list by imposing a lapsing interim order (LIO). This is an alternative to a final order and operates to the same effect as a conditional discharge in a criminal matter.

If the court considers it appropriate to impose a LIO, the matter will be adjourned for a period at the court’s discretion and, if there are no breaches of the order during that period, the AVO may be withdrawn and dismissed.

If the defendant agrees to undertake counselling or other intervention during the adjournment period, this will be taken into account by the court when the matter returns.

Either party may return the matter to court at any time during the adjournment period to fix a date for a defended hearing. If a breach of the LIO results in charges, the court may relist the proceedings.

Each party can be heard on the suitability of an LIO. In determining whether to impose an LIO, the court may consider:

  • if it is by consent;
  • the complainant’s views, including if they do not want a final order and whether they have received independent advice;
  • the relationship between the complainant and defendant;
  • the seriousness of the allegations and the conditions being sought;
  • whether any LIO has been sought previously;
  • any impact of imposing an interim order rather than a final order;
  • whether the defendant is seeking treatment or counselling; and
  • any other matter the court thinks appropriate.

The commentaries in the By Lawyers Apprehended Violence Order (NSW) and Local Court (NSW) – Criminal guides have been updated accordingly.

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