Domestic violence and apprehended violence orders: HSC Legal Studies

What this dot point is asking

Under "responses to problems in family relationships", the Legal Studies Stage 6 Syllabus (2009) lists dealing with domestic violence, and the "learn to" statement asks you to evaluate the effectiveness of the law in protecting victims of domestic violence. It is also the best area for the themes of compliance and non-compliance, law reform and the role of the media and non-government organisations.

NSW law in this area has changed every year since 2022. Your evidence bank needs the 2024 coercive control offence, the 2024 bail and breach reforms, Serious Domestic Abuse Prevention Orders (2025) and current data.

The answer

The nature and extent of domestic violence

Definitions. A "domestic violence offence" is a personal violence offence, or another offence arising from substantially the same conduct, or an offence intended to coerce or control, committed against a person with whom the offender has a domestic relationship (Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 11). A domestic relationship is broad (s 5): current and former spouses and partners, intimate partners, relatives, people living in the same household or residential facility, and carers. The Family Law Act 1975 (Cth) s 4AB defines family violence as violent, threatening or other behaviour that coerces or controls a family member or causes them to be fearful, including emotional, psychological and economic abuse.

Scale.

• On average one woman was killed by a current or former intimate partner every 11 days in 2024-25 (AIHW, from National Homicide Monitoring Program data).
• About one in four women (23%) have experienced violence by an intimate partner since age 15 (ABS, Personal Safety Survey 2021-22).
• In NSW, two in three victims of recorded domestic assault are female, about three in four offenders are men, and Aboriginal women are around eight times more likely to be recorded as victims (BOCSAR, 2025).

Why it is hard for the law. Domestic violence happens in private, victims may depend on the abuser financially or emotionally, fear retaliation or losing their children, and often do not report. Evidence can be one person's word against another's.

Apprehended violence orders

Types.

• An apprehended domestic violence order (ADVO) protects a person from someone with whom they have a domestic relationship.
• An apprehended personal violence order (APVO) protects a person from someone else, such as a neighbour or colleague.

The test (s 16). The court may make an ADVO if satisfied on the balance of probabilities that the person in need of protection has reasonable grounds to fear, and in fact fears, a domestic violence offence, intimidation or stalking. The court does not need proof of fear where the person is a child or has an appropriate intellectual disability, or where there has been past violence and a likelihood of future violence.

Process.

1. Application. Police must apply if they suspect or believe a domestic violence offence has been, or is likely to be, committed against the person; most ADVOs are police applications. Victims can also apply privately.
2. Provisional orders. In urgent situations police can obtain an immediate provisional order, which lasts until the first court date.
3. Interim orders. The Local Court can make an interim order until the case is decided. When a person is charged with a serious domestic violence offence, the court must generally make an interim ADVO.
4. Final orders. Made after a hearing or by consent (often "without admissions"). If the court does not specify a period, an ADVO lasts 2 years for an adult defendant and 12 months for a defendant under 18. The court can make an indefinite ADVO where there is a significant and ongoing risk of death or serious harm.

Conditions. Every ADVO includes mandatory orders that the defendant must not assault, molest, harass, threaten, stalk or intimidate the protected person or damage their property. The court can add conditions such as no contact, no approaching the home or workplace, and firearms are prohibited.

Breach. An ADVO is a civil order and not a conviction, but knowingly contravening it is a criminal offence (s 14), with a maximum penalty of 2 years' imprisonment and/or a fine. Reforms passed in September 2024 and in force from 31 March 2025 created an intentional breach offence (breach intended to cause harm or fear, maximum 3 years) and a persistent breach offence (repeated breaches over a short period, maximum 5 years).

The coercive control offence

The Crimes Legislation Amendment (Coercive Control) Act 2022 (NSW) inserted s 54D into the Crimes Act 1900 (NSW), commencing 1 July 2024 after an implementation period for police training and community education. An adult commits an offence if:

1. they engage in a course of conduct against another person that consists of abusive behaviour;
2. the two are or were intimate partners;
3. they intend the course of conduct to coerce or control the other person; and
4. a reasonable person would consider the course of conduct likely, in all the circumstances, to cause the other person fear that violence will be used against them or another person, or a serious adverse impact on their capacity to engage in some or all of their ordinary day-to-day activities.

The maximum penalty is 7 years' imprisonment. Abusive behaviour includes violence and threats, economic and financial abuse, shaming or degrading, isolating the person from family and friends, monitoring or tracking them, and restricting their liberty (s 54F). It is a defence if the course of conduct was reasonable in all the circumstances (s 54E).

Background. The NSW Domestic Violence Death Review Team found that in 111 of the 112 intimate partner homicides it reviewed (2008 to 2016), the relationship had been characterised by the abuser's coercive and controlling behaviour. The NSW Joint Select Committee on Coercive Control (2021) recommended an offence. The 2020 murder of Hannah Clarke and her three children in Brisbane drove national debate and law reform.

Early data. BOCSAR's monitoring reports show:

• 682 coercive control incidents recorded by NSW Police from July 2024 to June 2026;
• 42 coercive control charges laid;
• of 10 charges finalised by 30 June 2026, 6 were withdrawn and 4 were proven after guilty pleas (2 imprisonment orders, 1 intensive correction order and 1 community correction order with supervision);
• 95% of victims were women;
• the median time from event to coercive control charge was 187 days, and over half of coercive control events led to no charge of any type, while most of the rest led only to other charges such as intimidation, stalking or assault.

Other jurisdictions. Tasmania was first to criminalise forms of coercive control, through economic abuse and emotional abuse offences in the Family Violence Act 2004 (Tas). Queensland's coercive control offence commenced on 26 May 2025 (Criminal Code (Qld) s 334C, maximum 14 years), after the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 (Qld).

Other NSW legal responses since 2024

• Bail. The Bail and Other Legislation Amendment (Domestic Violence) Act 2024 (NSW) requires people accused of serious intimate partner violence offences (maximum 14 years or more) and coercive control to show cause why detention is not justified (from 1 July 2024), and makes electronic monitoring a default condition when bail is granted for those offences (from 11 October 2024).
• Serious Domestic Abuse Prevention Orders (SDAPOs). From 29 September 2025, courts can impose monitoring and other conditions on high-risk offenders for up to 5 years; breach carries up to 5 years' imprisonment.
• Stalking and technology. Stalking now expressly includes monitoring or tracking a person's activities, communications or movements using technology. In 2026 the Government introduced further bills: one (March 2026) so that a former partner excluded from a home by an AVO, bail condition or other order can be charged with breaking and entering even if still on the lease, and another (May 2026) creating a covert stalking offence for monitoring a person who does not know they are being tracked. Check whether these have passed and commenced before the exam.
• Sentencing. In November 2025 Parliament passed a 25-year standard non-parole period for murder of a current or former intimate partner, the first such provision in Australia (Crimes Legislation Amendment (Domestic Violence and Sexual Offences) Act 2025 (NSW)). It commenced on 24 November 2025 and applies to murders committed from that date.
• Evidence. Complainants can give their evidence-in-chief by a recorded police interview, reducing the trauma of repeating their account in court.

Family law responses

The Family Law Act 1975 (Cth) integrates family violence into federal family law:

• definition of family violence (s 4AB), including economic and financial abuse as a stand-alone example since 10 June 2025;
• parenting: safety is the first s 60CC factor, and courts must consider any history of family violence and any family violence orders (since 6 May 2024);
• property: courts must consider the economic effects of family violence (since 10 June 2025);
• FDR exception: parties need not attempt family dispute resolution where there is family violence (s 60I);
• risk screening: the Federal Circuit and Family Court screens for risk and uses the Evatt List for high-risk family violence cases;
• interaction with ADVOs: a family court can vary a state order that is inconsistent with a parenting order (s 68R).

Non-legal responses

• Crisis and support services: 1800RESPECT (national counselling line), women's refuges, Domestic Violence NSW (the peak body), Staying Home Leaving Violence, and specialist Aboriginal family violence services.
• Financial support: the Commonwealth Leaving Violence Program (from 1 July 2025) gives up to $5,000 in support, including up to $1,500 cash, plus safety planning. Employees are entitled to 10 days' paid family and domestic violence leave under the Fair Work Act 2009 (Cth), introduced in 2023.
• National coordination: the National Plan to End Violence against Women and Children 2022-2032 (October 2022) sets a goal of ending gender-based violence in one generation, with a national Domestic, Family and Sexual Violence Commissioner.
• Prevention and media: campaigns such as Stop It At The Start (Commonwealth) target the attitudes that drive violence. Media reporting of individual deaths has driven reform, including coercive control laws, although advocates have criticised reporting that blames victims.

Evaluating the effectiveness of the law

Judgement. The law has become far better at recognising and responding to domestic violence, and ADVOs remain an important and accessible protection. It is only partially effective, because its protection depends on victims reporting, on proving private patterns of behaviour and on offenders complying with orders. Non-legal responses (housing, financial support and prevention) are essential to protect victims.

In one sentence

NSW protects victims of domestic violence mainly through civil ADVOs (whose breach is a crime), the s 54D coercive control offence from 1 July 2024, tougher bail and breach laws and SDAPOs, supported by family law and non-legal services, but low coercive control prosecution rates, breaches and continuing intimate partner homicides show the law is only partially effective.

Try this

Q1. Distinguish between an ADVO and an APVO. (2 marks)

• What the marker wants. Domestic relationship versus no domestic relationship, with an example of each.

Q2. Explain how the 2024 NSW bail reforms respond to domestic violence. (4 marks)

• What the marker wants. Show cause for serious intimate partner offences and coercive control (1 July 2024), electronic monitoring (11 October 2024), with the aim of protecting victims before trial.

Q3. Evaluate the role of non-legal responses in protecting victims of domestic violence. (8 marks)

• What the marker wants. Refuges, 1800RESPECT, the Leaving Violence Program, paid leave, the National Plan and prevention campaigns, weighed against funding limits, with a judgement.