New ADVO Penalty Increases & Sentencing Charges 2024

12 April 2025 in Criminal Law | 3 min read | skip to FAQs

The NSW Government recently announced major reforms designed to increase protection for victims of domestic and family violence. These changes specifically target the provision of Apprehended Domestic Violence Orders (ADVOs), by introducing tougher penalties for breaches and creating new tools for law enforcement to monitor and manage high risk offenders.

Stronger Penalties for Breaches of ADVOs

The primary reason for the reform was to increase the penalties for a breach of an ADVO. The NSW Government have introduced two aggravated offences aimed at serious and repeated violations of these orders.

1. Intentional Breach Offence: This offence targets serious or significant breaches where the offender has knowingly violated the conditions of the ADVO with specific intent to cause harm or fear to the protected person. The penalty for this offence has been increased to a maximum of three years imprisonment, and/or a fine of up to $11,000.00
2. Persistent Breach Offence: This offence targets repeated breaches of an ADVO, particularly where an offender has violated the order three of more times within a 28-day period. When this behaviour occurs, it indicates a clear disregard for the protective conditions ordered by the court. The penalty for this offence has been increased to a maximum of five years imprisonment, and/or a fine of up to $16,500.00.

The introduction of these new offences and harsher penalties builds on the existing legislation regarding breaching an ADVO, and reflect the serious risk posed by offenders who repeatedly and intentionally violate court orders.

The penalty for otherwise breaching an ADVO is a maximum penalty of two years imprisonment and/or a maximum fine of $5,500.00.

Serious Domestic Abuse Prevention Orders (SDAPOs)

In addition to the introduction of aggravated breach offences, the NSW Government has also introduced 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. These conditions can include requirements to report to a police station at regular intervals or notify police of any new intimidate relationships.

Details of SDAPO

SDAPO’s can be applied for in circumstances where an offender has been convicted of two or more domestic violence offences with a maximum penalty of seven years’ imprisonment or more, or where they are charged with a serious domestic violence offence against a relative or intimate partner.

The penalty for breaching an SDAPO is a maximum term of imprisonment of five years and/or a fine of $33,000.00.

These orders are being implemented to provide ongoing supervision and monitoring of serious domestic violence offenders, with the eventual goal of reducing the risk of further harm to any family members or intimate partners.

Other Reforms in addition to Stronger ADVO Penalties

The reforms of the NSW government also include several other important changes that address gaps or inconsistencies in the legal framework for domestic violence:

1. Expanded Definition of Stalking: The definition of stalking has been expanded to specifically include technological surveillance, such as tracking an individual’s movements through GPS or similar devices, as well as monitoring an individual’s communication through online accounts.
2. Electronic Service of Provisional AVO’s: Police will now be able to issue provisional AVOs electronically, with the party’s consent. This means that police will no longer need to bring individuals to a police station for the paperwork, leading to the process becoming more efficient, and less stressful for domestic violence victims.
3. Name Change for Children: Sole parents will now be able to change their child’s name with a court order under amendments to the Births, Deaths and Marriages Registration Act 1995. This change allows victims of domestic violence greater power regarding protecting their 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. Recent legal changes have introduced stronger ADVO penalties, particularly aimed at offenders who have breached previous ADVOs. The NSW government has also introduced a new system SDAPO’s to help prevent domestic abuse.

The criminal lawyers at BSM Sydney Lawyers have experience in defending and applying for ADVOs and also appearing in court in relation to SDAPO’s. We can advise 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. The experienced criminal lawyers at BSM Lawyer Sydney offer a free 20-minute consultation.

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