What Happens after an ADVO is Issued in NSW?

19 July 2025 in Criminal Law | 4 min read | skip to FAQs

This brief article will discuss the consequences of an ADVO or Apprehended Domestic Violence Orders being made against you and the impact it may have on your life and employment.

What is an ADVO?

An ADVO is a legal order that is issued by a Court in New South Wales and is put in place to protect individuals from domestic violence. An ADVO includes conditions that restrict and prohibit the behaviour of a person, for the safety of the protected person. It is governed by the Crimes (Domestic and Personal Violence) Act 2007 (NSW). The person who has the ADVO issued against them is known as the defendant.

An ADVO can include various conditions, such as:

1. Prohibiting the defendant from assaulting, threatening, stalking, harassing, or intimidating the protected person.
2. Restricting the defendant from approaching or contacting the protected person.
3. Preventing the defendant from attending certain locations, such as the protected person’s home, workplace, or school.
4. Prohibiting the defendant from possessing firearms or other weapons.

Is an ADVO a Criminal Order?

No, an ADVO is a civil order and does not become a criminal matter unless the ADVO is breached. This is because the ADVO order is put in place to protect individuals from domestic violence without assigning criminal guilt to the individual the order is against. However, breaching an ADVO is a criminal offence under Section 14 of the Crimes (Domestic and Personal Violence) Act 2007. For further information, please see our articles on Breach of AVO and Domestic Violence and ADVO.

Will An ADVO Appear On Background Criminal Checks?

A police check shows a person’s criminal history, any pending charges, court proceedings and whether an individual is subject to any current bonds. An ADVO by itself will typically not appear during standard criminal background checks that are carried out for general employment purposes.

However, there are several circumstances where the consequences of an ADVO may affect employment by appearing on a background criminal checks. For example, being subject to an ADVO may be considered when applying for or renewing a Working With Children Check (WWCC) in NSW. The Office of the Children’s Guardian assesses the risk posed by individuals, and an ADVO can be a factor in determining a person’s clearance to work with children. Being subject to an ADVO does not automatically disqualify you from working with children, as it depends on the circumstances surrounding the matter.

The consequences of an ADVO can similarly include potential employment in positions requiring security clearances, such as becoming a police officer. In this situation, comprehensive background checks are conducted, and an ADVO may surface and be taken into consideration for these positions.

What are the Consequences of an ADVO?

In addition to potentially affecting your current and future employment, there can be other consequences of an ADVO such as:

1. A person who is subject to an AVO is not permitted to hold a firearms licence for the duration of the AVO, and up to 10 years after it has elapsed
2. An AVO can restrict an individuals ability to work under a security licence
3. An AVO may restrict a person from leaving the state or region where the order was issued
4. An AVO can restrict personal contact and/or an individuals access to their children and home
5. An AVO can affect ongoing family law proceedings, particularly when there are children involved.
6. An AVO can impact a visa application

Stronger ADVO Penalties in 2025 in NSW

In 2025, the NSW government brought in new aggravated offences aimed at repeated and serious breaches of ADVO. Please see the article on stronger ADVO penalties.

These are intentional breach offence and persistent breach offence. These reflect the serious risk posed by offenders who repeatedly and intentionally violate court orders.

In addition to the introduction of aggravated breach offences, the NSW Government has also introduced serious domestic abuse protection orders (SDAPOs). This is a completely new system that will allow courts to impose conditions deemed necessary to prevent an individual from engaging in domestic abuse.

Finally, the NSW government introduced three new reforms  that address gaps or inconsistencies in the legal framework for domestic violence:

1. Expanded Definition of Stalking
2. Electronic Service of Provisional AVO’s
3. Name Change for Children

How can BSM Sydney Lawyers assist you?

Apprehended Domestic Violence Applications are usually handled by criminal lawyers, because in most cases, an ADVO is associated with criminal charges. However, our family lawyers also have extensive experience in this area and can assist clients in ADVO applications and family violence. Our Sydney lawyers have experience in both defending ADVOs and applying for ADVOs. We can also advise you on the potential consequences of an ADVO for you in relation to employment and other issues such as licences, visa applications and ongoing family law negotiations. Both the criminal and family lawyers at BSM Sydney Lawyers offer a free 20-minute, obligation free consultation to assess your individual case and formulate a plan.

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BSM Lawyer Sydney have offices conveniently located in Sydney CBD, Sutherland, Parramatta, Shellharbour and Wollongong.