Domestic violence

You can appeal the Local Court's decision to:

• make or refuse to make an ADVO
• vary or refuse to vary an ADVO
• revoke or refuse to revoke an ADVO.

To report a crime to the police, although some offences can't be prosecuted after a certain amount of time has passed.

You can report old crimes, but it is up to the police whether to investigate or lay charges.

Domestic violence is recognised as a violent crime and entitles victims to claim various payments under the Victims Support Scheme. For more information, see the Victims Rights topic.

Local Court of NSW

Federal Circuit and Family Court of Australia

The Government authority that can take action in the Children's Court of NSW when a child or young person is considered at 'risk of significant harm'. 

A child is a person under 16 years and a young person is 16 or 17 years of age.

Assesses applications for counselling, financial assistance and recognition payments.

Provides support services for victims of crime, including the Victims Access Line.

An order made by a court that is aimed at protecting someone from another person who they are, or were, in a domestic relationship with. For example, husband and wife, mother and son, grandfather and granddaughter, de facto partners, people who live in the same household.

An ADVO can also cover an order between a person's current partner and their ex-partner, a dependent and their paid carer.

A form of abuse which consists of a pattern of behaviour where one person does any, or a combination, of the following to another person to control or dominate them:

• isolates
• manipulates
• threatens
• hurts (including physically or sexually)
• scares
• humiliates
• harasses
• monitors.

Coercive control can happen in any type of relationship, including after a relationship has ended. It can also happen between family members, people residing together or in a carer relationship.

From July 2024, coercive control will become a criminal offence in NSW when the abuse occurs towards a current or former intimate partner.

The terms domestic abuse, domestic violence and family violence are often used to describe the same behaviour.

Domestic abuse is behaviour by one person towards another in a domestic relationship which is:

• violent or threatening
• coercive or controlling, or
• causes the person to fear for their safety or for the safety of others.

Domestic abuse can be a single act or a combination of acts over time. It also extends to behaviour that a child might hear, witness or otherwise be exposed to the effects of.

It may include the following behaviours, or threat of the following:

• physical abuse or violence
• sexual abuse, coercion or violence
• economic or financial abuse
• verbal abuse
• shaming, degreading or humiliating a person
• intimidation
• stalking, harassing, monitoring or tracking a person
• damaging or destroying property
• harm to animals
• spiritual abuse
• deprivation or restriction of liberty or unreasonable regulation of a person’s day-to-day activities. 

A relationship between two people that:

• are or have been married
• are or have been in a de facto relationship
• are or have been in an intimate personal relationship
• are or have been relatives
• are or have been living in the same household
• are or have been living in the same residential facility (with some exceptions)
• have or had a relationship where one person provides unpaid care for the other person
• have or had a relationship where one person receives paid care (the dependant person) and is in need of protection against their paid carer
• in the case of an Aboriginal person or a Torres Strait Islander, involve a person that is or has been part of the extended family or kin of the other person according to the Indigenous kinship system of the person's culture.

It is not a domestic relationship if the paid carer is applying for protection against the dependant person (and they do not have any other type of domestic relationship).

An offence committed by a person against another person where those people are in, or have been in, a domestic relationship and includes:

• a personal violence offence such as assault, stalking, intimidation or sexual offences, or
• an offence, other than a personal violence offence, in which the conduct that makes up the offence falls within the definition of domestic abuse.

Behaviour that makes a person fearful which can include threatening statements, looks or gestures or other behaviour that makes the person feel afraid.

From 27 March 2021, intimidation can also include conduct that causes someone to fear that an animal belonging to them, or an animal in their possession, will be harmed.

You don't have to pay a fee to apply:

• for an ADVO
• to vary or revoke an ADVO
• for an ADVO to be declared in the Local Court and nationally recognised.

Local Court of NSW

Federal Circuit and Family Court of Australia

You have to pay a filing fee if you apply to the Local Court or Federal Circuit and Family Court of Australia for a parenting order.

In some cases, you may be able to apply for the filing fees to be waived or reduced. You can speak to the relevant court for more information about this.

For more information about fees, see Family law fees page on the Federal Circuit and Family Court of Australia website.

You don't have to pay to apply for:

• victims support
• a reassessment of a Victims Compensation Claim.

Application for Apprehended Domestic Violence Order

You must contact the Court to get a blank copy of this form.

If the police apply for an ADVO on your behalf, they will complete the form.

Application to Vary or Revoke Apprehended Violence Order

You must contact the Court to get a blank copy of this form.

If the police apply to vary or revoke an ADVO for your protection, they will complete the form.

Application to declare DVO as recognised DVO

You must contact the Court to get a blank copy of this form.

Local Court of NSW

Federal Circuit and Family Court of Australia

Victims Services

A cost order will generally not be made against a protected person unless the court considers that the application is frivolous or vexatious, for example if it was made without good reason or just to cause annoyance.

For more information, see Costs in AVO cases on the My problem is about section of our website.

You will generally have to pay your own legal costs in parenting proceedings matters.

The Court can order one party to pay the other party's legal costs but they will usually only do this if there is a particular conduct by a party, such as where one party breaches a court order or causes excessive delays. This is called 'party-party' costs. For more information, see Family Law: Costs on the Federal Circuit and Family Court of Australia website.