Applying for a family violence order (ADVO) in NSW
An ADVO is a Local Court order protecting a person from a defendant in a domestic relationship. Applications can be made by police or privately and must establish the protected person fears future violence on reasonable grounds.
This is an 8-step workflow for preparing a private NSW Apprehended Domestic Violence Order application under the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
Before you start
- The protected person is in a domestic relationship with the defendant (s 5)
- The protected person fears and has reasonable grounds to fear future violence
- A clear chronology of past conduct has been taken
- Consideration of interaction with any existing family law orders
The workflow
Take a detailed chronology
Take a detailed chronology of every relevant incident — physical, psychological, financial, and coercive control — with dates, locations, and any corroborating evidence.
Confirm the domestic relationship
Confirm the parties fall within a domestic relationship under s 5 (spouse, de facto, intimate, or extended family relationship) as required for an ADVO rather than a personal violence order.
Assess grounds under s 16
Assess whether the protected person has reasonable grounds to fear and actually fears the commission of a personal violence offence, stalking or intimidation, or similar conduct against a child.
Identify conditions to seek
Draft the conditions sought — mandatory conditions under s 36 plus any additional conditions on contact, approach distance, premises, weapons, or children.
Complete the Local Court application
Complete the Local Court application form setting out the relationship, grounds, and conditions sought. Attach a supporting statement outlining the incident history.
Consider interim orders
Where there is immediate risk, apply for an interim order under s 22. Interim orders can be made urgently, sometimes ex parte, at the first mention.
File and serve
File the application at the Local Court, obtain the mention date, and serve the defendant in accordance with the Local Court rules.
Attend the mention and hearing
Attend the first mention, negotiate orders by consent without admissions where possible, and prepare for a defended hearing if the application is contested.
What you will have at the end
A final or provisional ADVO protecting the protected person for up to two years (or longer on application). Breach of the order is a criminal offence under s 14.
Common issues
- Confusing an ADVO with a personal violence order (APVO) where there is no domestic relationship
- Failing to address the objective reasonable grounds element
- Not coordinating with existing family law parenting orders
- Overlooking firearms and licence consequences for the defendant
- Insufficient particularity in the supporting statement
Run this workflow on a real matter
Quillio drafts the supporting statement from your client notes and flags interaction with any family law orders under s 68R. See /practice-areas/family-lawyers or start a free trial.
This workflow is a general guide for NSW. Other states and territories have equivalent legislation with different names and procedures.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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