This issue in the Hot Topics:series gives an introduction to the area of law relating to domestic violence in NSW, especially with regard to Apprehended Violence Orders (AVOs).

Major reform took place in 1999 with the Crimes (Apprehended Violence) Act 1999 (NSW), which introduced changes including 2 categories of AVOs: Apprehended Domestic Violence Orders (ADVOs) and Apprehended Personal Violence Orders (APVOs). Other changes took place in 2003 when the Justices Act 1902 (NSW) was abolished, along with new provisions in the Crimes (Local Court Appeal and Review) Act 2001 (NSW), the Local Courts (Criminal and Applications Procedure) Rule 2003 (NSW) and the amendment of the Criminal Procedure Act 1986 (NSW). These reforms made changes to the AVO proceedings in relation to annulments, appeals and reviews of Local Court decisions, costs, service of AVO complaints, summons and subpoenas.

This resource also provides information on the definition of domestic violence; its prevalence (statistics, domestic homicide); community attitudes; and access and equity issues. It outlines what AVOs can do (conditions in an AVO), and how to apply for them including police applications, private applications and use of interpreters. It explains the differences between ADVOs and APVOs, and summarises the process after the complaint is made, including how a women’s domestic violence court assistance scheme could help, and what could happen on the first court date. After an AVO is made, consequences of breaching an AVO, firearms, appeals and reviews are explained. Other legal remedies such as victims’ compensation, personal injury claim, family law and contact arrangements are also referred. A brief outline of restraining orders in other States and their relevant legislation is given.

A list of key contacts for legal services, police, Indigenous women’s and immigrant women’s services, victims’ support, and relevant information, counselling and accommodation services, is provided at the end.