Domestic Violence

What is domestic violence or domestic abuse?

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. 

If you are in immediate danger, you should call 000.

If you are concerned for your safety, you should call the NSW Domestic Violence Line on 1800 65 64 63.

What is a domestic or intimate relationship?

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).

Do I have to be physically hurt for it to be domestic violence?

Domestic violence can take many forms and is not limited to physical violence. It occurs when one person tries to dominate and control another person where there is a domestic or intimate relationship.

Some examples of non-physical domestic violence are:

• harassment or stalking
• emotional abuse (constantly putting you down or making you feel worthless)
• verbal abuse (yelling, swearing at you)
• social abuse (stopping you from seeing friends and family)
• damaging property like furniture
• threats to harm themselves, others or pets
• financial abuse (not giving you enough money to survive on, forcing you to hand over your money)
• cyberbullying. 

If you are concerned for your safety, you should call the NSW Domestic Violence Line on 1800 65 64 63.

My partner tries to control me. Is this domestic violence?

Domestic violence can be any behaviour that is controlling, dominating, humiliating or intimidating to the other person.

If your partner is controlling and you think they may be monitoring your personal information, you should check your devices for spyware. 

For more information, see:

• Spyware and safety on the Women's Services Network
  
• Password checklist on the Legal Aid NSW website.

If your partner is controlling what you do, you should speak to a support service like the NSW Domestic Violence Line on 1800 65 64 63 or get legal advice.

Is coercive control domestic violence?

Coercive control is an ongoing and repeated pattern of behaviour used to control or dominate another person. It can be behaviour that:

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

Coercive control can happen in any type of relationship. It can happen with an intimate partner, including after a relationship ends. It almost always underpins domestic violence.

From 1 July 2024, coercive control towards a current or former intimate partner will be criminalised in NSW. 

For more information, see Coercive control on the NSW Government website and Coercive control on the My Problem Is About section of our website.

If you are experiencing coercive control or want to support someone experiencing coercive control, you can contact 1800RESPECT. For more information, see Contacting 1800RESPECT – What to expect on the 1800RESPECT website.

My ex-partner calls and messages me all the time and won’t stop. Is this domestic violence?

If your ex-partner is persistently calling you and sending you unwanted messages, this may be harassment, which is a form of domestic violence.

If you are being harassed by your ex-partner, you should:

• report the abusive messages to the social media company
• block your ex-partner on your devices and social media accounts
• block your partner through your telephone company
• change your phone number, email address and social media accounts
• get a safe phone that your ex-partner doesn’t know about
• get legal advice
• contact the police.
  

My partner won't let me see my family and friends or attend community events. Is this domestic violence?

Not allowing you to see your family and friends can be social abuse, which is a form of domestic violence. It can include:

• limiting your contact with family and friends
• forcing you to move to a location where you have no social connections or work opportunities
• restricting your use of a car or telephone
• stopping you from attending social events.

If you are experiencing social abuse, you should contact the NSW Domestic Violence Line on 1800 65 64 63 or get legal advice.

My partner monitors my bank accounts and frequently questions me about what I earn and spend. Is this domestic violence?

Financial abuse is a form of domestic violence. It can include:

• stopping you from accessing your bank accounts
• providing only a small allowance for you to live on
• not allowing you to have a job
• forcing you to sign documents to get loans
• controlling your earnings or pension.

If you are experiencing financial abuse, you should contact the NSW Domestic Violence Line on 1800 65 64 63 or get legal advice.

My partner forced me to take out a loan, what can I do?

Forcing you to take out a loan, get a credit card or incur debt in your name can be financial abuse, which is a form of domestic violence.

If you are experiencing financial abuse, you may get assistance from:

• the bank or credit provider
• support services like NSW Domestic Violence Line or the National Debt Helpline
• Centrelink through their Social Work Services
• a lawyer.

If you are unsure what to do, you should contact the NSW Domestic Violence Line on 1800 65 64 63 or get legal advice.

My partner harms my pet to get back at me. Is this domestic violence?

Harming an animal that belongs to you or is in your possession, or threatening to do this, can be a form of domestic violence.

From 27 March 2021, behaviour by your partner that causes you to fear that an animal belonging to you or an animal in your possession will be harmed can be considered intimidation.

If you are concerned for your safety, you should call the NSW Domestic Violence Line on 1800 65 64 63.

What is technology facilitated abuse?

Technology facilitated abuse is any behaviour that uses technology to harass, monitor, stalk, impersonate or make threats in order to control, frighten or humiliate someone.

It can include:

• abusive text messages or phone calls
• having your online accounts accessed without your permission
• someone sharing or threatening to share intimate images of you without your consent
  
• being tracked through your phone or other digital devices.

For more information, see Domestic and family violence on the eSafety Commissioner website.

What can I do if I’m experiencing technology facilitated abuse?

If you are experiencing technology facilitated abuse there are some steps you can take to create an online safety plan.  An online safety plan can help you increase your personal safety and allow you to continue to use technology safely.

The eSafety Commissioner website has online safety planning guides and checklists that you can use.

For more information, see Online safety planning on the eSafety Commissioner website.

If you are in immediate danger, you should call 000.

If you are concerned for your safety, you should call the NSW Domestic Violence Line on 1800 65 64 63.

I think my partner might be watching me online. How can I find out whether I am being watched?

If your partner is monitoring you online, they may be cyberstalking you.

Cyberstalking is the use of technology to stalk or repeatedly harass someone. It can include:

• monitoring your online activity, including accessing your emails and social media accounts
• monitoring your movements using GPS technologies
• physically tracking you, following or watching you  
• making unwanted contact by calling, emailing, texting, messaging, or sending offensive material
  
• impersonating your online identity to harm your reputation or relationships
  
• sharing, or threatening to share, photos, videos, personal information, or anything that is humiliating or embarrassing to you.
  

Cyberstalking is a form of domestic violence and a crime. It can become dangerous and can develop into physical abuse.

There may be some signs that your partner is stalking you online, for example:

• they always seem to know where you are and what you are doing, and they show up unexpectedly 
• they know information from your private conversations, messages, or emails
• they contact your friends or family to check up on you or tell damaging stories about you
• your passwords stopped working suddenly
• a fake social media account has been created in your name.
  

For more information, see How to identify tech abuse on the eSafety Commissioner website.

If you have concerns for your immediate safety, you should contact the police.

My partner monitors me online. What can I do?

If your partner is monitoring you online, they may be cyberstalking you.

Cyberstalking is a form of domestic violence and a crime. It can become dangerous and can develop into physical abuse.

If your partner is monitoring you online, there are steps you can take to protect yourself:

• Contact the police. 
• Contact 1800RESPECT, a confidential information, counselling and support service that provides support to people impacted by sexual assault, domestic or family violence or abuse. 

Talk to friends or family about what is happening. You may need to meet them in person or use a safe phone – a phone your partner cannot access, such as a friend’s phone. 

If you are still living with your partner, you should use a public phone, or a friend or family member's phone to get help. If your partner becomes aware that you are seeking help, their behaviour may get worse.

If you don’t live with the person, you should limit contact with them as much as possible.

If you have concerns for your immediate safety, you should contact the police.

For more information, see How to identify tech abuse on the eSafety Commissioner website.

How can I stop my ex-partner stalking me online?

If you believe your ex-partner is stalking you online, you should:

• create new, strong passwords that include upper and lower case letters, numbers and symbols
• create a different password for each account
• don’t allow browsers to save your username, passwords, or other personal information, such as your credit card details
• log out of your accounts as soon as you are finished using them, instead of just closing the window or app
• check the privacy settings on your accounts – you should do this regularly as updates can change your privacy settings
• create new online accounts on a safer device
• get new devices
• turn off location sharing in your apps, avoid posting photos or posts that give away your location or other personal information
• contact the police.
  

If you have immediate concerns for your safety, you should contact the police.

For more information, see:

• Online accounts and app safety and Device safety on the 1800RESPECT website
  
• Using your device safely on the eSafety Commissioner website.
  

My ex-partner is threatening to share intimate images of me online. What can I do?

It is an offence to share, or threaten to share, an intimate image or video of someone without their permission.

If your ex-partner is threatening to share, or has shared, intimate images of you without your consent, you can: 

• report an image to the website or social media service it is posted on
• report an image to the eSafety Commissioner 
• contact the person who has your image
• contact the police
• get some support. 
  

For more information, see the Intimate images FAQs in the Social media topic.

What can I do if I am experiencing domestic or family violence?

If you are experiencing domestic or family violence you can:

• call triple zero (000), if you are in immediate danger
• speak to a police officer at your local police station or a Domestic Violence Liaison Officer
• get legal advice
• access other support services.

If you are not sure what to do, you should contact the NSW Domestic Violence Line on 1800 65 64 63.

What is a safety app?

Safety apps are tools that help support survivors of domestic violence. There are different types of apps that do different things, including:

• helping victims to learn more about domestic violence
• alerting nominated family members or friends when a victim feels unsafe
• documenting abuse for evidence. 

Before you download a safety app, you should make sure the person committing the domestic violence cannot access your device(s). If they become aware that you are seeking help, their behaviour may get worse.

What is a safety plan?

A safety plan is a personalised and practical plan to help keep you safe if you are experiencing domestic violence. A safety plan can be made with the help of a support service to address your situation. The plan can set out strategies, such as having a friend as a contact person if you ever feel unsafe at home.

For more information or help with safety planning, see Safety planning on the 1800RESPECT website.

For more information, see Charmed and Dangerous: A Woman's Guide to Reclaiming a Healthy Relationship on the Ways to get help section of our website.

What is the NSW Domestic Violence Line?

The NSW Domestic Violence Line provides telephone counselling, information and referrals for women experiencing domestic violence. They can also provide referrals for men who are victims or offenders. The service operates 24 hours a day, 7 days a week and can help you:

• get hospital care, counselling and family support services
• understand what an Apprehended Violence Order is and how to get one
• develop a safety plan for you and your children
• find emergency accommodation for you and your children
• with transport for you and your children
• talk to police, courts and lawyers.

The staff on the NSW Domestic Violence Line can provide referrals to legal services. They cannot provide legal advice.

If you call the NSW Domestic Violence Line on 1800 65 64 63 you don't have to give your name or other personal details. You can remain anonymous.

What is the difference between domestic and family violence services?

There are many domestic and family violence services that have similar names but do different things. Some include:

• the NSW Domestic Violence Line, which is a 24/7 counselling, information and referral service
• the Domestic Violence Advice Line, which is a service run by Women's Legal Service NSW that gives legal information, advice and referrals about domestic violence and ADVOs
• the Domestic Violence Unit, which is a specialist service at Legal Aid NSW that gives legal advice and help at Court about domestic violence, family law, care and protection, child support and ADVOs
• the Women's Domestic Violence Court Advocacy Service, which helps domestic violence victims at Court and gives referrals to support services.

What type of financial assistance is available to me?

Victims Services can help you by giving:

• information and support
• counselling
• financial support for immediate needs
• financial support for economic loss
• recognition payment.

For more information, see Financial Support on the Victims Services website.

You can contact Centrelink and talk to them about crisis payments that are available when you leave a violent relationship.

For more information, see Social work services on the Services Australia website.

From 1 February 2023, you are entitled to 10 days of paid family and domestic violence leave in a 12 month period. If you work for a small business, you will be entitled to paid 10 days leave after 1 August 2023. For more information, see Paid family and domestic violence leave for small business on the Fair Work Ombudsman website. 

How do I apply for financial assistance?

You can apply for financial assistance by following the step by step guides on the Victims Services website:

• Financial support
  
• Recognition payment.
  

If you need help or have any questions, you should contact the Victims Access Line on 1800 633 063.

Before you complete any forms, you should get legal advice about your circumstances.

What is the immediate needs support package?

It is a package from Victims Services that provides a grant of financial assistance to victims of domestic violence to meet their immediate needs following an act of domestic violence.

For more information, see Financial assistance immediate needs on the Victims Services website.

Who is eligible to apply for the immediate needs support package?

You may be eligible if:

• you experienced domestic violence in New South Wales
• the act of violence occurred less than two years ago
• you need to urgently relocate and/or install security at your home, receive emergency treatment from a doctor, dentist or incur other medical bills as a direct result of the act of violence.

For more information, see Financial assistance immediate needs on the Victims Services website.

What support services are available to me?

Support services can help you in many ways. This includes counselling, financial support, emergency and long-term accommodation.

You can speak to the NSW Domestic Violence Line and ask for referrals to support services in your area.

What is the Women's Domestic Violence Court Advocacy Service?

The Women's Domestic Violence Court Advocacy Service (WDVCAS) are locally based, independent services for women and their children seeking information and help about domestic and family violence, including how to get protection from the Court. 

If you are attending court to get an Apprehended Domestic Violence Order, WDVCAS can provide information, referrals and support at court.

For more information, see Women's Domestic Violence Court Advocacy Service on the My problem is about section of our website.

Why have I been contacted by a domestic violence service?

You may have been contacted by the Women's Domestic Violence Court Advocacy Service (WDVCAS) or Victims Services.

When the police attend a domestic violence incident, they will forward your details to a specialist domestic violence service who will then contact you. This will be WDVCAS if you are female, or Victims Services if you are male.

What will the Women's Domestic Court Advocacy Service or Victims Services do?

The Women's Domestic Violence Court Advocacy Service (WDVCAS) and Victims Services are specialist domestic violence services. 

Victim Services contact male victims and WDVCAS contact female victims. They will:

• explain who they are
• explain how they got your details
• carry out an assessment to find out what will be the best way to support you 
• explain the assessment and ask for your consent to assist. If you do not want any assistance the service will not do anything further. If you want assistance, they will refer you to appropriate local services.
  

If you are assessed as at serious threat by police or by the specialist domestic violence services, your details will be passed to a Safety Action Meeting (SAM). Your consent is not needed in this situation.

What is at serious threat?

At serious threat means there is evidence of a serious threat to a victim's life, health or safety due to domestic violence, and urgent action is necessary to prevent or lessen this threat.

What information is discussed at the Safety Action Meeting and can I attend?

In cases where there has been serious violence or a serious threat of domestic violence, your case may be referred to a Safety Action Meeting (SAM).

At the meeting, government agencies such as police, NSW Health, Housing NSW, Department of Communities and Justice, and some non-government organisations will discuss your case and will develop a Safety Action Plan (SAP) to support you.

You can't go to the meeting.

After the meeting, you will be contacted to discuss the SAP.

What is the Safety Action Plan developed at a Safety Action Meeting?

A Safety Action Plan (SAP) is a list of strategies to help protect you and your children. The SAP is developed at a Safety Action Meeting to give you options and help you keep safe.

Before you make any decision about the plan, you should get legal advice.

What happens if I need to contact the police?

If you are in any immediate danger, call the police on triple zero (000).

If you are not in immediate danger, but you are afraid or have safety concerns, you should speak to a police officer at your local police station or a Domestic Violence Liaison Officer.

The police will want to know why you are in danger or why you hold fears for your safety. They will also need information about:

• any firearms or weapons that the other person may keep
• any drug or alcohol issues that the other person may have
• if there is an Apprehended Domestic Violence Order, and
• any risk to children.

For more information, see How can police help? on the NSW Police Force website.

What does the Domestic Violence Liaison Officer do?

Domestic Violence Liaison Officers (DVLOs) are police officers who are specially trained to deal with domestic violence issues. They can:

• provide information about the Apprehended Domestic Violence Order process
• discuss strategies to deal with the other person
• support you through the court process
• refer you to local support services, for example to get assistance with accommodation, financial help or counselling.

To speak to a DVLO, contact your local police station and ask for the DVLO.

When will police apply for an Apprehended Domestic Violence Order?

The police must apply for an Apprehended Domestic Violence order (ADVO) if:

• a domestic violence offence has been, is being, or will be committed against you
• the defendant has recently, is currently, or will likely stalk or intimidate you with the intention of causing you to fear physical or mental harm
• an offence against a child or young person has been, is being, or will be committed
• there are proceedings against the defendant for any of the above offences.
  

The police must apply for a Provisional ADVO if they believe that an order needs to be made immediately to:

• ensure your safety and protection, or
• prevent substantial damage to your property. 
  

The police don't need your consent to apply for an ADVO if they hold fears for your safety.

For more information, see Police applications in Apprehended Violence Orders on the My problem is about section of our website. 

If the police applied for the Apprehended Domestic Violence Order, can I ask them to withdraw the application?

When an Apprehended Domestic Violence Order (ADVO) is taken out by the police they are responsible for running the matter. You can't tell them to withdraw the ADVO application. This is so victims of domestic violence can't be threatened or intimidated into withdrawing an application.

You can tell the police and police prosecutor your views and why you want to withdraw the ADVO, but they don't have to comply with your request, especially if they still believe there are fears for your safety.

If you are thinking of trying to have an ADVO dropped or the defendant is putting pressure on you to drop the ADVO, you should get legal advice.

What can I do if the police don't apply for an Apprehended Domestic Violence Order to protect me?

If you have reported the situation to the police and they have not applied for an Apprehended Domestic Violence Order (ADVO) to protect you, you can:

• speak to the Domestic Violence Liaison Officer (DVLO) at your local police station
  
• contact Wome's Domestic Violence Court Advocacy Service
  
• contact Family Advocacy and Support Service
• get legal advice
  
• apply for an ADVO yourself at the Local Court.
  

Do I have to go to Court if the police applied for the Apprehended Domestic Violence Order?

If the police apply for an Apprehended Domestic Violence Order (ADVO) for you, the police will run the case in Court. You don't need a lawyer to represent you.

The police may ask you to attend on the first date. This is called a mention. You will be contacted by the Women's Domestic Violence Court Advocacy Service (WDVCAS) or you can contact them, to support you at Court. They will discuss the ADVO with you to make sure the orders cover what you need and provide a safe place for you to sit when you are waiting for the Court to deal with the application.

If the defendant doesn't agree to the ADVO being made, the case may be listed for hearing. If the case is listed for hearing you will need to attend on the hearing date. The police may want you to go to court to give evidence.

In a domestic violence matter, your evidence will generally be given in a closed court. You may also be able to give evidence in other ways such as by audio visual link (AVL) or from another room. 

In a domestic violence criminal matter or related apprehended violence order proceedings where the defendant is self-represented, the defendant is not allowed to directly ask you questions about your evidence in court. In this situation, the Court will appoint a suitable person to ask the questions on behalf of the defendant. Court appointed questioners are court staff or Justices of the Peace.

If you don't want to go, you can talk to the police about whether they need you to give evidence.

Do I have to go to Court if I have received a Subpoena to Give Evidence?

If you receive a subpoena to give evidence, you must attend court. If you don't, a warrant can be issued for your arrest so the police can bring you before the Court.

In a domestic violence matter, your evidence will generally be given in a closed court. You may also be able to give evidence in other ways such as by audio visual link (AVL) or from another room. 

In a domestic violence criminal matter or related apprehended violence order proceedings where the defendant is self-represented, the defendant is not allowed to directly ask you questions about your evidence in court. In this situation, the Court will appoint a suitable person to ask the questions on behalf of the defendant. Court appointed questioners are court staff or Justices of the Peace.

If you don't want to go, you can talk to the police about whether they need you to give evidence and whether you can withdraw your statement.

If you are served with a subpoena and have any concerns about going to court, you should get urgent legal advice. 

Can I have criminal charges against someone dropped?

Once a person has been charged with an offence, it is up to the police or police prosecutor to decide whether to drop the charges.

You can explain your views to the police and prosecutor who have guidelines to follow in deciding whether to stop criminal proceedings. The police must protect victims of domestic violence who may be intimidated into dropping charges.

Victims of crime in New South Wales have a Charter of Victims Rights to protect and promote their rights.

For more information, see Charter of Victims Rights on the Victims Services website.

When can I get an Apprehended Domestic Violence Order?

An Apprehended Domestic Violence Order (ADVO) is a Court order that protects you from a person you fear. The other person may have threatened, hurt, harassed, intimidated or stalked you.

To make an order, the Court must be satisfied that:

• you fear that the defendant will be violent towards you, harass or intimidate or stalk you, and
• your fear is based on reasonable grounds.

A Court may also make an ADVO in some circumstances even if you don’t fear the Defendant. 

For more information, see Getting an Apprehended Violence Order on the My problem is about section of our website. 

If you are unsure if you can get an ADVO, you should get legal advice.

Who will provide support if I have to go to Court?

The Women's Domestic Violence Court Advocacy Service (WDVCAS) can provide assistance to you throughout the Court process. They will:

• provide you with a safe place to wait at Court
• explain the Court process to you
• come into Court with you and be with you when your matter is called
• help you, if you need to speak to the police or prosecutor about your order
• provide information and referrals to other services for counselling, safe accommodation, family law issues, financial assistance, victims compensation and other support services.

For more information see Women's Domestic Violence Court Advocacy Program on the Legal Aid NSW website.

If I made a private Apprehended Domestic Violence Order application, who can help me?

If you make a private application for an Apprehended Domestic Violence Order (ADVO), you can represent yourself or you can get a private lawyer to represent you. You can also:

• contact the Women's Domestic Violence Court Advocacy Service who can provide support and assistance at Court. For more information, see Women's Domestic Violence Court Advocacy Program on the Legal Aid NSW website.
  
• apply for a grant of legal aid to be represented throughout the proceedings. For more information, see Apply for Legal Aid on the Ways to get help section of our website.
  
• get a referral for a private solicitor by using the Law Society's Solicitor Referral Service.
  

Can I withdraw my Apprehended Domestic Violence Order application?

If you made a private application for an Apprehended Domestic Violence Order (ADVO), you can tell the Court that you want to withdraw your application.

Before you withdraw your application, you should get legal advice. The defendant could ask the Court to make a costs order against you. The Court can only make this order if the application is frivolous or vexatious.

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

Can I still live with the defendant if an Apprehended Domestic Violence Order is made?

If the Apprehended Domestic Violence Order (ADVO) only has the mandatory orders about behaviour, you can still have a relationship or live with the defendant. The mandatory orders don't stop contact between you and the defendant.

If the ADVO has additional orders, these orders may restrict the defendant from contacting or approaching you, or living with you.

If you are unsure about the effect of the ADVO, you should get legal advice.

For more information, see Mandatory and additional orders in Types of Apprehended Violence Orders on the My problem is about section of our website.

Can the defendant be ordered to leave the family home or prevented from returning?

If a Court makes an Apprehended Domestic Violence Order (ADVO) it does not automatically stop the defendant from living in the family home. An ADVO can include an order that stops the defendant from living in the house or going to the house. This is called an exclusion order.

The defendant will only be restricted from living in the family home if an exclusion order is made.

Before making an exclusion order the Court will consider several factors, including:

• both of your financial positions
  
• the effect of making such an order on any children
  
• whether the circumstances justify this type of order being made.
  

For more information, see Mandatory and additional orders in Types of Apprehended Violence Orders on the My problem is about section of our website.

What can I do if the defendant and I are tenants?

If you and the defendant are co-tenants of a rental property, an Apprehended Domestic Violence Order may affect your tenancy. 

There are several things that can happen, depending on whether you want to stay, including:

• the defendant may be excluded from attending the property
• the defendant may be removed from the lease 
• you may be able to end your tenancy. 

For more information, see Consequences for the protected person on the My problem is about section of our website. 

What can I do if I think the Apprehended Domestic Violence Order has been breached?

If you believe the Apprehended Domestic Violence Order has been breached, you can:

• speak to police at your local police station, or the Domestic Violence Liaison Officer (DVLO)
  
• contact the Women's Domestic Violence Court Advocacy Service (WDVCAS) to get information about what to do if the abuse continues
  
• get legal advice.
  

For more information, see Reporting a breach on the My problem is about section of our website. 

Can I apply to vary (change) or revoke (cancel) my Apprehended Domestic Violence Order?

You can apply to vary (change) or revoke (cancel) your Apprehended Domestic Violence Order (ADVO) by making an application at the Local Court. The Court staff can help you fill out the application form.

The police must be notified if the original ADVO application was made by the police.

If a child is included on the ADVO you will also need to get leave (permission) from the Court for the application to proceed.

If you want to change or cancel your ADVO, you should get legal advice.

If the defendant wants to vary or revoke the ADVO, you should get legal advice.

For more information, see Vary or revoke an Apprehended Violence Order on the My problem is about section of our website. 

Can the court vary (change) or revoke (cancel) an indefinite Apprehended Domestic Violence Order?

A defendant who wants to vary or revoke an indefinite Apprehended Domestic Violence Order (ADVO) must get leave (permission) from the court before making an application to vary or revoke an ADVO.

The Court may allow the defendant to make an application to vary or revoke the AVO only if:

• there has been a significant change in circumstances since the order was made or last varied
• it is otherwise in the interests of justice.

If the defendant is seeking to vary or revoke an indefinite ADVO, you should get legal advice.

How will an Apprehended Domestic Violence Order affect my parenting matter?

If you have a parenting order and an Apprehended Domestic Violence Order (ADVO), the parenting order will override the ADVO to the extent of any inconsistency.

If you are worried that an ADVO will stop the defendant seeing your children, you should get legal advice.

For more information, see Apprehended Violence Orders and Family Law on the My problem is about section of our website.  

Will an Apprehended Domestic Violence Order be taken into account when making parenting arrangements?

Any allegations of family violence will be relevant in parenting matters. 

The most important consideration of a Court is always the safety of the child. 

The Court must take into account any allegations of family violence when making orders about a child because it must ensure that the orders will not expose the child or another person to family violence.

For more information, see Apprehended Violence Orders and Family Law on the My problem is about section of our website.

Can my parenting orders be changed when I apply for an Apprehended Domestic Violence Order?

A Court can revive, vary, discharge or suspend a parenting order when it makes a Final Apprehended Domestic Violence Order. It can only do this if it is given new information that the Federal Circuit and Family Court of Australia (FCFCOA) didn't have when it made the parenting order. 

If the Local Court does not vary the parenting order, you can apply to the FCFCOA to vary the parenting order.

For more information, see Apprehended Violence Orders and Family Law on the My problem is about section of our website.

Can my partner see the child when bail conditions conflict with parenting orders?

Parenting orders do not override bail conditions.

If your partner is out on bail and says they want to see the child according to the parenting orders, you should get urgent legal advice.

Do I have to see the other parent at Court if there has been family violence against me?

If you are going to Court for a family matter you may see the other party at Court.

If you are concerned about your safety, you should tell the Court staff at least five working days before the hearing so that they have time to make arrangements to protect your safety.

This can include:

• use of the safe room
• a separate entry and exit point from the Court
• allowing you to have a support person 
• allowing you to give evidence by video or audio link
• closing the Court to the public 
• excluding certain people from being in the Courtroom. 

For more information, see Safety at court on the Federal Circuit and Family Court of Australia website.

Will the other parent cross-examine me if there has been family violence?

In family law matters, parties can't cross-examine one another where one party has alleged family violence by the other party and:

• either party has been convicted of, or charged with, an offence involving violence or a threat of violence towards the other party
• a current family violence order (other than an interim order) applies to both parties
• an injunction has been made for the personal protection of one party against the other party, or
• the Court decides it is inappropriate.  

The Court will make orders that the parties must be cross-examined by a lawyer.   

A self-represented party can either:

1. ask a private lawyer to represent them, or
2. apply to the Commonwealth Family Violence and Cross Examination of Parties Scheme for a Legal Aid NSW solicitor to represent them.

If Legal Aid NSW represents a party for the cross-examination, this does not mean that they will have ongoing representation.

If a party is ineligible for Legal Aid NSW, they must get a private lawyer to represent them or they will not be allowed to cross-examine the other party.  

What happens if family violence is alleged but the Court allows cross-examination?

Where one party has alleged family violence by the other party but the above criteria does not apply to stop cross-examination by the other party, the Court must make sure there are appropriate protections for the alleged victim.

This can include:

• moving the venue to a safer location
• allowing the alleged victim to give evidence by video or audio link
• limiting or disallowing cross-examination of a particular witness
• disallowing questions that are offensive, abusive, hectoring, misleading, confusing, or that have been asked in an inappropriate manner or tone
• shielding the alleged abuser from the view of the victim
• closing the Court to the public
• excluding certain people from being in the courtroom
• in child-related matters – receiving into evidence a transcript of court or tribunal proceedings.

If you are worried about attending court because of family violence, you should get legal advice.

I have parenting orders that say I have to communicate with the other parent about our children, but they are using these orders to abuse me online. What can I do?

If the other parent is using your parenting orders as an excuse to abuse you online, you can:

• take screenshots of the abusive messages or posts for evidence
• report the abusive messages or posts to the social media company
• unfriend the other parent and make your social media accounts private
• limit your contact with the other parent to only one form of communication, for example by email, and block them on all other forms of communication
• get a safe phone that the other parent doesn’t know about
• report online abuse to the eSafety Commissioner
• get legal advice
• contact the police. 

If the other parent is harassing, abusing or threatening you online, this may be a criminal offence. 

If you have immediate concerns for your safety, you should contact the police. 

If you are involved in parenting proceedings, you should tell your lawyer about the abuse or get legal advice. 

For more information, see How to identify tech abuse on the eSafety Commissioner website.

When is a child or young person considered to be at risk of significant harm?

Children who are present where there is domestic violence are considered to be at risk significant of harm. The police are mandatory reporters. This means they must advise the Department of Communities and Justice (DCJ) if children are present during a domestic violence incident.

If police make a report to DCJ, you may be contacted.

If you are contacted by DCJ, you should get urgent legal advice.

For more information, see the Care and Protection topic.

What can the Department of Communities and Justice do?

The Department of Communities and Justice (DCJ) are primarily concerned with the safety of your children. This also includes ensuring you are safe.

If DCJ contact you, they may ask to meet with you. It is important you cooperate with them. They may talk to you about safety planning and ask you to take several steps to make sure you and your children are safe.

If you are contacted by DCJ, you should get urgent legal advice.

Where can I get help if I am a victim of domestic violence?

If you are a victim of domestic violence, you can:

• speak to police at your local police station or a Domestic Violence Liaison Officer (DVLO)
• contact MensLine to speak with a counsellor or get referrals to other support services
• contact Family Advocacy and Support Service to speak with a support worker or get referrals to a lawyer or other support services
• speak to your local general practitioner (GP) doctor
• get legal advice.