What is an Apprehended Domestic Violence Order (ADVO)?

An ADVO is a court order designed to protect a person from violence, harassment or intimidation by someone they have or had a domestic relationship with. Having an ADVO made against you is not a criminal conviction, but breaching one is a serious criminal offence. See our dedicated AVO Lawyers Sydney page for a full breakdown of how ADVO applications work and how to respond to one.

What happens if the protected person wants the ADVO withdrawn?

In domestic violence matters, police usually apply for the ADVO on behalf of the protected person. Police can, and often do, continue with the application even if the protected person wishes to withdraw their complaint - the decision rests with police prosecutors, not the protected person. This is one of the most common points of confusion in these matters.

Can I dispute the allegations against me?

Yes. If you dispute the allegations, you're entitled to have the evidence properly tested, including through cross-examination and any relevant digital evidence such as text messages or emails. Whether this is the right approach depends on the specific facts of your matter.

Will a domestic violence charge or ADVO affect my ability to see my children?

Domestic violence matters can significantly affect parenting arrangements. Family Court orders can sometimes interact with ADVO conditions regarding child access, but the intersection of family law and criminal law is complex. You need experienced advice as early as possible.

How much does a domestic violence lawyer cost in Sydney?

We are available 24/7 by phone, so you can get confidential guidance as soon as you need it. In-person consultations are a paid service - contact us for current consultation rates.

Domestic Violence Lawyers Sydney

If you've been charged with a domestic violence offence in Sydney, or served with an ADVO alongside criminal charges, the consequences can affect your home, your access to your children, and your record. NS Criminal Lawyers & Associates provides experienced, confidential defence from our Barangaroo and Parramatta offices, available 24/7.

Call 0414 444 474 Send a Confidential Enquiry

Domestic Violence Charges We Defend

Domestic violence charges are pursued strategically by NSW Police, and being served with an Apprehended Domestic Violence Order (ADVO) or facing criminal charges can affect your living arrangements, your access to your children, and your firearms licence. At NS Criminal Lawyers & Associates, we provide objective, thorough legal representation to make sure your account is properly put before the court and your rights are protected throughout the process.

Domestic violence is legally defined under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). It covers any personal violence offence committed against someone with whom the accused has or has had a "domestic relationship" - including current or former spouses, de facto partners, intimate partners, family members, or people living in the same household.

An ADVO is a civil order restricting behaviour, and is usually accompanied by a related criminal charge such as common assault or property damage. If you're specifically dealing with an ADVO application, see our dedicated AVO Lawyers Sydney page for how to respond to, negotiate, or defend the application itself.

Types of Domestic Violence Offences

Physical Assault

Includes common assault (pushing, grabbing, spitting) and assault occasioning actual bodily harm. These are the most common criminal charges accompanying an ADVO.

Penalty varies by severity - courts presume a custodial sentence for acts of violence.

Intimidation & Stalking

Conduct amounting to harassment or molestation, including abusive messages, repeated contact, or threatening behaviour causing fear of physical or mental harm. See our dedicated Intimidation & Stalking page for a full breakdown.

Maximum penalty: 5 years imprisonment.

Property Damage

Intentionally or recklessly destroying or damaging property belonging to a partner - for example, breaking a phone or damaging a wall during an argument can lead to criminal charges. Penalties vary depending on the value of the damage and the circumstances.

Defences to Domestic Violence Charges

Defending these matters requires a careful, evidence-based approach specific to your circumstances. Common defences and issues raised include:

Self-Defence: You were acting to protect yourself from an assault initiated by the complainant.
Disputing the Allegations: Arguing that the alleged conduct did not occur as described, or did not occur at all - tested through cross-examination and any relevant digital evidence, such as text messages or emails.
Lack of Intent: For property damage charges, arguing that any damage was accidental rather than intentional or reckless.

Disclaimer: The information above is general in nature and reflects our understanding of the relevant NSW law. It is not legal advice - you should obtain legal advice about your specific circumstances.

Related Areas

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For domestic violence matters.

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Why Choose NS Criminal Lawyers & Associates

Experienced Defence Lawyer

Muhammad Siddique, Senior Associate Criminal Lawyer (LLM), is admitted to practise in the Supreme Court of New South Wales and the High Court of Australia.

24/7 Phone Advice

Police often serve provisional ADVOs and charge documents outside business hours. Confidential phone advice is available 24/7.

Family Law Overlap

We understand the implications a domestic violence charge or ADVO can have on Family Court proceedings and parenting arrangements.

Courts We Appear In

Most domestic violence-related charges, such as common assault and property damage, are dealt with in the Local Court. More serious matters, including assault occasioning actual bodily harm or charges with aggravating factors, may proceed to the District Court. We regularly appear in both courts on domestic violence matters.

Fees

Phone advice is available 24/7, so you can get confidential guidance as soon as you need it.

Where an in-person consultation is needed, this is a paid service. Contact us for current consultation rates.

Frequently Asked Questions

Contact Us

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Phone

0414 444 474

Hours

Phone line open 24/7.

Standard office hours: Mon - Sat, 8:00am - 6:00pm.

Barangaroo Office

Level 35, Tower One Barangaroo
International Towers, 100 Barangaroo Ave
Barangaroo NSW 2000

Parramatta Office

Level 14, 3 Parramatta Square
153 Macquarie Street
Parramatta NSW 2150

Author: NS Criminal Lawyers & Associates | Reviewed by: NS Criminal Lawyers & Associates | Jurisdiction: New South Wales

The information on this website is general information only and is not legal advice. You should obtain legal advice about your specific circumstances.