NSW Domestic Violence Application: 4 Simple Steps

This article will tackle important information regarding domestic violence application in New South Wales, Australia.

The Bureau of Crime Statistics and Research (BOCSAR) records that in 2021-2022, around 1.5 percent of Australian women who are 18 years old and above experience domestic violence or associated domestic violence. As of March 2024, BOCSAR data indicates that there were 16 adult women who were victims of domestic violence murder in the previous months.

There is also an increase in domestic violence assault cases, particularly common assault and assault resulting in actual bodily harm. According to NSW Police records, 1 in 10 victims of domestic assault are young people.

In response to this, the NSW Courts were able to issue 39,705 Apprehended Violence Orders (AVOs) from April 2023 to March 2024. This number of AVOs issued are relatively higher than the previous years according to the statistics.

In New South Wales, the domestic violence application involves five simple steps: 

1. Check your eligibility.
2. Call NSW Police or visit your local police station or local court
3. Seek legal assistance from competent family lawyers.
4. Sign the statutory declaration in front of the Justice of Peace
5. Go through the court process like a trial or hearing.

In this article, we will elaborate more on the steps of domestic violence application.

What are AVOs?

Apprehended Violence Orders (AVOs) is a legal domestic violence order that aim to protect individuals from violence, threats and harassment. Under current legislation, there are two types of AVOs:

• Apprehended Domestic Violence Orders (Domestic)
• Apprehended Personal Violence Orders (Personal)

How are these two violence orders different? The Court issues ADVOs to protect individuals from violence, threats and harassment from a spouse, de facto partner, ex partner, family member, carer or person living in the same household. 

On the other hand, the Court will issue APVOs to protect individuals from violence, threats and harassment from anyone who they are not in a intimate personal relationship or family relationship with. So, if you’re applying for a domestic and family violence order, you must identify in your application whether your aggressor is a domestic partner or not.

Applying for an AVO: 4 Simple Steps

Here are five simple steps for a domestic violence application in NSW:

1. Check your eligibility. Anyone can get an Apprehended Violence Order (AVO). Most of the time, it’s the NSW Police who will make the domestic violence application on your behalf. However, you can still apply for an AVO yourself. Thus, you must be:

• 16 years of age or older AND
• You are or have been a victim of physical or sexual assault, threatened with physical harm, been stalked, harassed or intimidated, and fear that this abusive behaviour will continue if you don’t take action.

2. Call NSW Police or visit your local police station or court. Usually, the NSW Police assists with domestic violence applications. You can:

• Call them at triple 000 or the non-emergency phone line 131 444.
• Visit the station and talk to general duties police officer or the Domestic Violence Liaison Officer (DVLO).
• Contact or visit your local court and inquire about the domestic violence application.

Your Next Steps

1. Seek legal assistance from family law experts. This is an important step. Although this is not mandatory in all domestic violence application cases, seeking legal advice will help you in the long run. 
2. Attend court hearing on the court date. The Court will issue an AVO if:

• The defendant will agree to the issuance of the AVO, or
• The evidence, after hearing, will satisfy the magistrates court that your safety is at risk because of the person who will commit or committed domestic violence, or
• There was service upon the defendant but they did not show up at the hearing.

Note that before the hearing, you must ask the court for an Interim (temporary protection order) AVO. This will act as a temporary AVO and protect you until the hearing. Moreover, attending the hearing is important. Otherwise, the court may dismiss your application.

Conditions in an AVO

The Court will always include three main conditions in an AVO. These conditions will disallow defendant from doing the following acts:

1. Assault or threaten the Protected Person;
2. Stalk, harass, or intimidate the Protected Person; or
3. Intentionally or recklessly destroy or damage any property of the Protected Person.

If the Courts deem it proper, it might include the following extra prohibitions in the AVO:

• approaching or contacting the Protected Person, unless through a lawyer
• approaching any school or place the Protected person might go to for study or childcare
• approaching or being in the company of the Protected Person within at least 12 hours after drinking alcohol or taking illicit drugs
• trying to find the Protected Person
• living at the same address as the protected person or another address listed on the AVO
• going into any place where the protected person lives or works or another place listed on the AVO
• going within a particular distance of where the protected person lives, works or another place listed on the AVO
• possessing any firearms or prohibited weapons
• any other conditions as agreed by both parties or decided by the court

Once the Court Issues the AVO, What Happens Then? 

The details of the AVO will be in the police database and they will confiscate the defendant’s firearms. Although he has a firearm licence, the issuance of the AVO will lead to the revocation of the licence.

Breaking the AVO will lead to a criminal charge. Thus, when the defendant breaks the AVO, they may be charged with a criminal offence. Note that you must keep your AVO with you at all times and immediately call the Police if the defendant breaches any of the conditions.

If there are changes in the circumstances, you must inform the Local Court and submit an application for a change in the Order or even a cancellation. If there are children named on the AVO, only the Police can apply to change or cancel the Order.

Ask Help From Our Family Lawyers

JB Solicitors is a team of competent family lawyers who can help you in your domestic violence application. Domestic violence cases are serious and it must be dealt with by expert legal professionals.

If you’re unsure of what to do and fear that someone will commit domestic violence, don’t hesitate to ask our family lawyers for legal support services and guidance.

Contact us today to know more about domestic violence applications and jargon-free legal advice