Criminal law
Domestic violence offences and AVOs
A domestic violence matter is not one proceeding. It is usually a criminal charge and an apprehended violence order running together, often with consequences for your home, your firearms licence, your work and any parenting arrangements. Bail is harder to get than it was, electronic monitoring is now a routine condition, and decisions made in the first week affect all of it.
Alicia Catron 0407 171 626 or Michelle Simmons 0407 534 594. Our background includes prosecution as well as defence. We act in the Hills, Hornsby, Blacktown, the Hawkesbury and across NSW.
On this page
What makes it DV related The charges Why you were charged Bail How the AVO runs What an order restricts Breaching an order Prevention orders What follows Court and changing an order Sentencing options Common questions
What makes an offence domestic violence related
There is no separate offence called domestic violence. What happens is that an ordinary offence is recorded as domestic violence related, which changes what follows rather than what has to be proved.
An offence is domestic violence related where it is committed against someone you are in a domestic relationship with, and it is either a personal violence offence, or an offence arising from substantially the same circumstances as one, or an offence committed in order to coerce, control, intimidate or frighten that person.
A domestic relationship is wider than most people expect
It covers current and former spouses and de facto partners, people who have had an intimate personal relationship whether or not it was sexual, people living or who have lived in the same household, long-term residents of the same residential facility, someone dependent on another’s ongoing care whether paid or unpaid, relatives, and for Aboriginal and Torres Strait Islander people, extended family or kin according to the kinship system of that person’s culture.
So these charges are not limited to partners. Adult children and parents, siblings, housemates and carers all fall inside it.
The charges commonly laid
Assault
From common assault at two years through to assault occasioning actual bodily harm at five, and the wounding and grievous bodily harm offences above that. Choking, suffocation and strangulation is now charged frequently in these matters, and it carries five years on its own, ten where it was done to enable another indictable offence, and twenty five where the person was rendered unconscious or insensible with intent.
Stalking and intimidation
Built from a course of conduct rather than a single act, and carrying five years. The intention element is broader than people assume, and it catches conduct that was never meant to frighten anyone.
Contravene AVO
Breaching an order is an offence in its own right, and since September 2025 there are aggravated forms carrying three and five years. Where the breach involved violence, imprisonment is the starting point.
Damaging property
Commonly charged where something was broken during an argument, including property you own jointly.
Using a carriage service to menace or harass
A federal offence covering calls, texts and online messages, often charged alongside a state offence arising from the same conduct.
Coercive control
A standalone offence since 1 July 2024, carrying seven years, aimed at a course of abusive behaviour towards a current or former intimate partner rather than a single incident. It applies only to conduct on or after that date. In the Local Court the ceiling is two years, or five years in aggregate where there are multiple offences.
Intimate images
Recording or sharing an intimate image without consent carries three years and an $11,000 fine, and so does threatening to. These charges arise overwhelmingly out of relationships that have ended badly, and they are frequently laid alongside an intimidation charge, an AVO, or a coercive control allegation drawn from the same conduct.
Two things about them surprise people. Consent to an image being taken is not consent to it being shared, so a photograph sent to you willingly can still found a charge if it goes anywhere else. And distribution means sending it to any one person, so a single message to a friend is enough. On a finding of guilt the court can also order you to take reasonable steps to remove or destroy the image, and failing to comply with that order is a separate offence.
More on intimate image and revenge porn charges, including the defences, the take-down orders and why the message history usually decides these cases.
The question we are asked most
My partner did not want me charged. Why was I?
Because the decision is not theirs. NSW Police policy directs officers to give the strongest consideration to taking action where domestic violence is suspected, and police regularly proceed on what they observed and what was said when they arrived, whether or not the protected person has given a statement and whether or not they want the matter to continue.
The same applies once proceedings have started. The prosecution is run by police, not by the person named as protected. They cannot withdraw it, and a change of heart on their part does not end the matter, though it can be relevant to how the prosecution assesses the case.
Police also have their own power to make a provisional order on the spot, which takes effect as soon as it is served on you. That is why people are frequently excluded from their own home on the night, before any court has considered anything.
Bail, and why it got harder
Police can refuse bail and hold you until you can be brought before a court. Where bail is granted, the conditions imposed on the night are frequently the ones that keep you out of your home and away from your children, and they are far easier to shape at the start than to vary later.
What changed on 1 July 2024
- Show cause now applies to serious domestic violence offences committed against an intimate partner and carrying a maximum of 14 years or more, including sexual assault, strangulation with intent to commit another offence, and kidnapping. It also applies to coercive control. Where it applies, the onus is on you to satisfy the court that your detention is not justified before the ordinary bail considerations are even reached
- The unacceptable risk test was strengthened. A bail authority must now consider behaviour that may constitute domestic abuse, including physical, sexual, verbal or coercive behaviour, stalking, intimidation and harm to an animal, and must consider the views of the victim and their family members about safety where those are available
- Electronic monitoring is required for people charged with serious domestic violence offences who are released on bail, supervised by Corrective Services
- The bail changes apply to offences committed or charged before 1 July 2024 as well as after it
A bail application in these matters has to be prepared, not improvised. What moves it is somewhere else to live, someone able to supervise, employment or study continuing, engagement with a behaviour change or alcohol programme where relevant, and a set of conditions realistic enough that the court can see how they would work. That takes days to assemble, which is why the call needs to happen immediately rather than at the first mention.
How the AVO runs alongside the charge
An order will almost always accompany a domestic violence charge, and it moves through stages.
| Stage | What it is | Is it enforceable? |
|---|---|---|
| Application | An application for an order, made by police or privately through the court | No. An application on its own imposes nothing on you, even once you have received it |
| Provisional order | Made urgently, usually by police, where the matter is considered serious enough not to wait for a court date | Yes, from the moment it is served on you, and until it is changed, revoked or dismissed |
| Interim order | Made by the court to cover the period until the matter is finalised | Yes, and it continues until it is revoked, dismissed, withdrawn or replaced by a final order |
| Final order | Made at the end of the proceedings, by consent or after a hearing | Yes, usually for two years unless the court specifies a different period |
An order can also be extended on application before it expires.
Where a person pleads guilty to, or is found guilty of, a domestic violence offence, the court is generally required to make an order unless satisfied one is not needed. So the AVO is not always a separate battle to be won or lost. Very often it follows the criminal charge, which is a reason to think about both together from the start rather than treating the order as the lesser problem.
What an order actually restricts
Every AVO carries the same mandatory condition: not to assault or threaten, not to stalk, harass or intimidate, and not to deliberately or recklessly destroy or damage property belonging to the protected person. It extends to anyone they have a domestic relationship with.
Additional conditions are then sought depending on the circumstances, and these are the ones that change your life:
- Not to reside at a stated address, which can mean leaving your own home
- Not to contact or approach the protected person, sometimes except through a lawyer
- Not to go within a set distance of their home, workplace, or a school or childcare centre
- Not to approach them within a set period after consuming alcohol or drugs
- Not to possess firearms or prohibited weapons
- Not to attempt to locate them
The conditions are negotiable and they matter enormously. An order framed to allow contact about children, or to permit arrangements for collecting belongings, is a very different order from the standard set. That is worth dealing with before an order is made rather than afterwards. More on defending or consenting to an AVO.
Breaching an order
Contravening an AVO is a criminal offence, and since 29 September 2025 there are two aggravated forms of it alongside the basic offence.
| Offence | Maximum penalty |
|---|---|
| Knowingly contravening a prohibition or restriction in an order | 2 years and a $5,500 fine |
| Knowingly contravening an ADVO intending to cause the protected person physical or mental harm, or to cause them to fear for their safety | 3 years and an $11,000 fine |
| Three or more contraventions of an ADVO within 28 days, where the conduct endangers safety | 5 years and a $16,500 fine |
- The order has to have been enforceable at the time, and that includes provisional and interim orders, not just final ones. It does not require your consent to the order
- Knowledge of the order has to be proved, which is why service is often the issue
- Where the breach involved violence, the court must impose imprisonment unless it gives reasons for not doing so
- The protected person cannot consent to a breach. An invitation to come over, or a reply to a message, does not make contact lawful, and this is how a very large share of these charges arise
- The aggravated offences apply only to contraventions occurring on or after they commenced
Serious domestic abuse prevention orders
A separate and much more restrictive order became available on 29 September 2025. A serious domestic abuse prevention order is not an AVO and it is not attached to a particular protected person in the way an AVO is.
- Who can apply. Police or the Director of Public Prosecutions, in the Local Court or the Supreme Court
- Against whom. A person convicted within the last 10 years of two or more domestic violence offences each carrying a maximum of seven years or more
- The test. Reasonable grounds to believe the order will protect the person’s family members, or their former, current or potential intimate partners, by preventing them engaging in domestic abuse. These are civil proceedings, so the standard of proof is the balance of probabilities, not beyond reasonable doubt
- What it can require. Conditions considerably broader than an AVO, including notifying police when entering a new intimate partner relationship
- Duration. Up to five years, and there is nothing preventing a further order afterwards
- Firearms. Any firearms or prohibited weapons licence or permit is automatically revoked
- Breaching it carries five years and a $33,000 fine, considerably more than a standard AVO breach
- Where it conflicts with an existing AVO, the prevention order prevails, but you must still comply with both
These are contested proceedings and they can be opposed. Whether the criteria are made out, and what conditions are appropriate if an order is made, are both live questions. There is a right of appeal, and an order can later be varied or revoked, but only on a substantial change in circumstances since it was made. That makes the terms of the original order worth fighting over at the time rather than living with.
What follows, beyond the charge
- Your home. An exclusion condition can keep you out of a property you own or rent, immediately and before anything is proved
- Firearms. An order means any firearms licence is suspended or revoked and firearms must be surrendered, which matters if you shoot, farm or work in security
- Electronic monitoring. Where you are bailed on a serious domestic violence offence, monitoring by Corrective Services is required rather than discretionary
- Your children. Conditions can restrict contact, and what is alleged and consented to in the Local Court feeds directly into parenting proceedings. More on how the two systems interact
- Your record. An AVO is not a criminal conviction and does not go on your criminal record. A conviction for the underlying offence does, with a domestic violence notation attached
- Employment. A conviction affects work requiring a working with children check, a security licence or professional registration, and many employers require disclosure of a charge rather than only a conviction
- Travel and visas. A violence conviction can affect entry to some countries, and a sentence of imprisonment has immigration consequences if you are not a citizen
Court, and changing an order
Do I have to attend?
Yes, if you want to defend an application or be heard on the conditions. If you have been served and do not attend, the court can make the order final in your absence, for whatever period it considers appropriate, on conditions you had no say in. What to do if you have just been served.
Can an order be withdrawn?
The applicant can withdraw the application, but where police are the applicant they are reluctant to do so, including where the protected person does not want the order. That reluctance is policy rather than an accident, and it is not overcome by the protected person simply saying so.
Can a final order be removed or changed?
An application to vary or revoke can be made by the protected person, the applicant or the defendant. There must be a change in circumstances, and the court must be satisfied it is proper in all the circumstances to make the change. A common reason is the ability to hold a firearms licence again. More on varying or revoking an AVO.
Sentencing options in NSW
Get advice before pleading guilty to anything. The court can impose any of the following, and a well-prepared sentencing is what produces the best available outcome.
Dismissal without conviction
No conviction recorded and no further penalty. The matter is finalised as you leave court.
Conditional release order
A bond, available with or without a conviction, supervised or unsupervised. The standard conditions are to commit no further offence and to appear if called on, and further conditions can include rehabilitation, abstinence, curfews and non-association or place restriction orders.
Conviction with no other penalty
A conviction is recorded but nothing further is imposed.
Fine
Can be imposed alone or with a bond, and is a conviction. Usually payable within 28 days, though the registry can extend the time or arrange a plan. Non-payment leads to enforcement, which can include licence and registration suspension.
Community correction order
More serious than a conditional release order, for up to three years, supervised or unsupervised, with conditions that can include community service, curfews, abstinence and rehabilitation.
Intensive correction order
A sentence of imprisonment served in the community under strict supervision, which can include home detention, electronic monitoring and curfews. It is not available for some offences. Breaches go to the State Parole Authority rather than the court and often result in serving the balance in custody.
A word on written pleas of guilty. Police sometimes hand you a form allowing you to plead guilty in writing without attending. It looks convenient and it is usually a mistake. On a written plea the magistrate has only the police fact sheet and your record, and knows nothing about you, your circumstances or anything mitigating. The penalty is often heavier as a result. It is also important that you agree with what the fact sheet says before it is tendered, because the court sentences on that document.
The courts have recognised that community attitudes to violence in a domestic context have shifted, and that past sentencing practice no longer reflects that. Deterrence carries real weight in these matters, and genuine engagement with a behaviour change programme, started early rather than after a plea, is one of the few things that carries weight against it.
Common questions
Is an AVO a criminal record?
No. An order is a civil order and it does not appear on your criminal record. Breaching it is a criminal offence, and a conviction for the underlying charge does go on your record with a domestic violence notation. The order still carries real consequences for firearms, employment and where you can live.
Will I get bail?
It is harder than it was. For serious domestic violence offences against an intimate partner carrying 14 years or more, and for coercive control, the onus is on you to show why your detention is not justified. The court must also consider the views of the victim and their family about safety. Where bail is granted on a serious matter, electronic monitoring is required. What makes the difference is a properly prepared application, and that takes days rather than minutes.
Should I just consent to the order to get it over with?
It is a common course and sometimes the right one, particularly where the conditions are workable and the alternative is a contested hearing. What it is not is a neutral step. Consenting without admissions still produces an order with real consequences, and the allegations behind it are used in parenting proceedings. Take advice on the conditions specifically, not just on whether to consent.
She asked me to come over. Can I be charged with breaching the order?
Yes, and this is how a very large share of these charges arise. The protected person cannot consent to a breach. The order restrains you, not them, and an invitation or a reply to a message does not make the contact lawful. If circumstances have genuinely changed, the answer is to apply to vary the order, not to rely on their agreement.
She sent me the photo herself. Can I be charged for sharing it?
Yes. Consent to an image being taken or sent to you is not consent to it being passed on, and distribution means sending it to any one person rather than publishing it. It carries three years, and the court can order you to remove or destroy the image on top of any penalty. These charges are common in the weeks after a separation and are usually laid alongside an AVO. More on intimate image offences.
Can I go home?
Not if the order excludes you from the address, whatever your interest in the property. Arrangements for collecting belongings can usually be made through police or by a condition permitting it, and that is worth sorting out promptly rather than risking a breach.
What if the allegations are exaggerated or untrue?
That happens, particularly during a separation, and it is properly tested. In the meantime the response is the same either way: comply with every condition, do not make contact, and get advice before saying anything. Breaching an order will overshadow whatever the original allegation was.
Will this affect seeing my children?
It can, and the conditions are where that is decided. AVO conditions can be framed to permit contact with children as arranged or as permitted by a parenting order. The problem arises when the standard set is imposed without anyone turning their mind to the parenting arrangements.
How long will an AVO last?
A final order usually runs for two years unless the court specifies otherwise. It can be extended on application before it expires, and it can be varied or revoked where circumstances have genuinely changed. A serious domestic abuse prevention order is different again and can run for up to five years.
Police have applied for a prevention order against me, not an AVO.
That is a serious domestic abuse prevention order, available since September 2025 where a person has two or more domestic violence convictions in the last 10 years for offences carrying seven years or more. It is a civil proceeding decided on the balance of probabilities, it can run for five years, it revokes any firearms licence, and breaching it carries five years and a $33,000 fine. It can be opposed and the conditions can be argued. Get advice quickly.
Do you act for people seeking protection as well?
Yes. We act for people applying for orders and for people responding to them, though not for both sides of the same matter. More on applying for an AVO.
What should I bring to the first appointment?
The AVO or application, the court attendance notice, the police fact sheet, any bail conditions, and any messages or records relevant to the allegations. If you have none of it, come anyway.
Deal with the charge and the order together
These matters run in two proceedings at once and what happens in one is used in the other, often with parenting proceedings following behind. We handle the criminal charge, the AVO and the family law consequences in the same office, which is not something most firms doing one of those can offer.
Alicia Catron 0407 171 626 or Michelle Simmons 0407 534 594. Suite 3.13, 33 Lexington Drive, Bella Vista NSW 2153. Courts we appear in.