In New South Wales, domestic violence is tackled through both civil protections and criminal law. Key legal tools include Apprehended Domestic Violence Orders (ADVOs) and laws that criminalise coercive control.

Apprehended Domestic Violence Orders (ADVOs)

Apprehended Domestic Violence Orders (ADVOs) are orders issued by the NSW Local Court to protect individuals from domestic abuse. Although they are not criminal charges, breaching an ADVO is a criminal offence.

ADVOs set legal conditions that a defendant must follow. These may include:

• Restricting or prohibiting contact with the protected person
• Preventing the defendant from approaching certain locations
• Limiting specific behaviours that may lead to harm or fear

Who is covered?
Domestic relationships include not only romantic partners but also:

• Family members
• Housemates
• Paid carers responsible for a dependent

Coercive Control

Coercive control refers to patterns of abusive behaviour aimed at dominating or isolating a partner. Examples include:

• Monitoring a person’s movements or communications
• Restricting access to money or social support
• Threats and psychological manipulation

To be considered a criminal offence, the behaviour must be:

• Repeated over time
• Likely to cause fear of violence or significantly impact the victim’s day-to-day life

Penalty: Conviction can result in a prison term of up to 7 years.

Stalking and Intimidation

Stalking and intimidation are addressed under Section 13 of the Crimes (Domestic and Personal Violence) Act 2007. It is a criminal offence to engage in conduct that causes a person to fear physical or mental harm.

This includes:

• Following or surveilling a person
• Sending threatening messages
• Making indirect threats through third parties

Other Forms of Domestic and Family Violence

Domestic and family violence encompasses more than just physical harm. It can also include:

• Sexual violence
• Threatening behaviour
• Emotional or psychological abuse
• Economic control
• Breaching an ADVO

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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