How to apply for an ADVO for domestic violence in NSW
In NSW, an Apprehended Domestic Violence Order (ADVO) is a court order protecting you from a person you have or had a domestic relationship with. Police usually apply on your behalf, or you can make a private application at your Local Court. There is no filing fee for private ADVO applications.
The framework
ADVOs are governed by the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Applications are made to the NSW Local Court under the Local Court Act 2007 (NSW). Police powers to apply for provisional orders are set out in sections 25 and 26 of the Act.
The process
Confirm the relationship meets the domestic definition
Check that your relationship with the respondent falls within section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (spouse, de facto, intimate personal relationship, relative, person in the same household). Otherwise an APVO (personal violence order) may apply instead.
Call police if in immediate danger
If you are in immediate danger call 000. NSW Police have a duty to apply for an ADVO on your behalf where they suspect a domestic violence offence. Police can issue a provisional order on the spot under section 25.
Choose police or private application
Most ADVOs are police applications, which are free and handled by prosecutors. A private application is made by you personally at a Local Court registry and requires you to present the evidence yourself.
Complete the private application form (if private)
If making a private application, complete the Application for an Apprehended Domestic Violence Order form at any Local Court registry. Include incident details, dates, and the conditions sought.
Lodge the application
Lodge the form at the Local Court registry. A registrar will review it and assign a first mention date. No filing fee applies for ADVO applications in NSW.
Serve the application on the respondent
Police serve ADVO applications on the respondent. The order has no force until served — this is a key protection for the defendant's due process rights.
Attend the first mention
At the first mention, the respondent can consent (without admissions), oppose, or seek an adjournment. The court may make an interim order under section 22 of the Act until the final hearing.
Prepare for a contested hearing
If the respondent contests the order, gather evidence: messages, photos, medical reports, witness statements. Consider seeking advice from Legal Aid NSW, Women's Legal Service NSW, or a community legal centre.
Attend the contested hearing
At hearing, both parties give evidence. The magistrate must be satisfied, on the balance of probabilities, that you have reasonable grounds to fear and in fact fear a personal violence offence, intimidation or stalking — the test under section 16 of the Act.
Understand the final order and breaches
Final ADVOs typically run for 2 years (up to 5 for serious cases). Breaching an ADVO is a criminal offence under section 14 of the Act, carrying up to 2 years imprisonment and/or a fine. Report any breach to police immediately.
Forms and templates
- Application for an Apprehended Domestic Violence Order
- Provisional ADVO (police issued)
Common mistakes
- Applying for an APVO when the relationship is actually domestic
- Not providing specific dates and incident details
- Missing the first mention or hearing date
- Not reporting breaches to police
- Attempting to negotiate directly with the respondent outside court
Get this process right with Quillio
Quillio can help you organise your evidence chronologically and draft a clear statement of incidents for your application. See /practice-areas/family-lawyers or start a free trial.
This guide is general information, not legal advice. For free confidential advice contact 1800RESPECT on 1800 737 732 or Legal Aid NSW.
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