Applying For An ADVO

There are two ways you can apply for an ADVO in New South Wales. A person over 16 can apply through the Local Court, and NSW Police can also apply where protection is needed.

The first (and most common) is to request an ADVO through NSW Police.
Police will be responsible for applying for the ADVO, and a Police Prosecutor will usually represent the matter in Court. If Police consider an ADVO necessary for your safety and protection, they can make the application on your behalf.
The second is to make a private application for an ADVO.
You will need to file the application yourself through the Local Court and explain why you are seeking the Order. If you make your own application, you are generally responsible for preparing your evidence and presenting your case if the matter proceeds to a hearing.

Although you do not need a solicitor to make a private application, it is a good idea to obtain legal advice before taking this step.

It is important to remember that not only physical violence can lead to an ADVO. Threats, intimidation, stalking, harassment, and similar behaviour can also be relevant.

If you have experienced family violence and need support to contact Police or make a private application for an ADVO, O’Loan Family Law can help you understand your options and your next steps.

If you are the defendant to an ADVO

If you are the defendant to an ADVO, you have several options. Legal Aid NSW lists options including asking for an adjournment to get legal advice, consenting with or without admissions, making a cross-application, or opposing the application.

Oppose the application and the conditions sought.
If you do not agree that the ADVO should be made, you can oppose the application and the matter may be listed for hearing.
Attempt to negotiate the conditions sought and agree to the Order on the basis of amended conditions.
In some matters, it may be possible to narrow or amend the conditions before the Order is finalised. This will depend on the circumstances of the case.
Accept the application and conditions sought.
You may consent to an ADVO on a without admissions basis. This means you agree to the Order being made without admitting wrongdoing or agreeing with the allegations.

If you are considering accepting an ADVO on a without admissions basis, it is important to keep in mind:

If you do not have Parenting Orders in place, and your children are listed as protected persons, this may affect your ability to contact or spend time with them. Parenting arrangements and ADVO conditions need to be considered together.
If you breach an ADVO, there can be serious consequences. Breaching an enforceable ADVO is a criminal offence.
An ADVO may affect aspects of your employment, licences, or clearances. The practical impact will depend on your circumstances and the type of work or licence involved.
You may not be able to retain or obtain a firearms licence. NSW guidance states that police can take firearms in the defendant’s possession or control and a firearms licence may be automatically revoked.

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At O’Loan Family Law, we understand that reaching out for legal support can feel like a big step. We are here to help you understand your options, protect what matters most, and move forward with clarity and confidence.

Whether you need advice about an ADVO, parenting arrangements, or the next steps in your separation, our team is here to support you.

Applying For An ADVO

If you are the defendant to an ADVO

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