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.