Breaching an Apprehended Domestic Violence Order (ADVO) is one of the most serious offences in New South Wales criminal law. These orders are made to protect victims of domestic and family violence, and the courts treat any contravention with the utmost gravity. Recent reforms have strengthened the penalties, reflecting the Government’s position that breaches will not be tolerated.
The Law on Breaching an ADVO
Under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), it is a criminal offence to knowingly breach a condition of an ADVO. The maximum penalty pursuant of section 14 (1C) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), is 5 years’ imprisonment and/or a fine of 150 penalty units (currently $16,500).
Importantly, if the breach involves an act of violence, the Court must impose a term of imprisonment unless there are exceptional circumstances. This mandatory provision makes it clear: violence in breach of an ADVO almost always results in jail.
The New Aggravated Breach Offences
In 2024, the NSW Government introduced reforms to address the growing risk of repeated and deliberate breaches. Two aggravated offences now apply:
Intentional Breach of an ADVO o Occurs where a person breaches an ADVO with intent to cause harm or fear to the protected person. o Carries a maximum penalty of 3 years’ imprisonment and/or a fine of $11,000.
Persistent Breach of an ADVO o Occurs where a person breaches an ADVO three or more times within 28 days, in circumstances that would cause a reasonable person to fear for their safety. o Carries the heaviest sanction: 5 years’ imprisonment and/or a fine of $16,500.
These aggravated offences are designed to target the most dangerous behaviour specifically those who repeatedly defy court orders or deliberately set out to cause harm.
Why the Penalties Have Increased ?
The changes serve three clear purposes:
Deterrence – stronger penalties send a message that breaches will be punished swiftly and heavily.
Protection – victims and families gain greater security knowing the law recognises escalating risk.
Accountability – perpetrators face real consequences, not just warnings or community penalties.
These reforms also sit alongside new Serious Domestic Abuse Prevention Orders (SDAPOs) and stricter bail controls, creating a stronger, layered framework to prevent further harm.
What This Means in Practice ?
For those protected by ADVOs, these laws provide stronger enforcement. For those facing allegations of breach, the consequences are now far more severe. Even minor or repeated breaches that once attracted community penalties may now carry custodial sentences.
At Pannu Lawyers, we understand both sides of this equation. We act for those who need protection and for those accused of breaching orders. Our role is to ensure that rights are upheld, that the law is correctly applied, and that outcomes are just.
Final Word
Breaching an ADVO in NSW is no longer treated as a “technical” offence. It is a matter the courts regard as serious criminal conduct, particularly when violence or persistence is involved. With penalties now ranging up to 5 years in prison, the law reflects the gravity of the risk faced by victims of domestic violence.
At Pannu Lawyers, we are committed to guiding our clients through these complex and sensitive cases. If you need advice—whether to seek protection or to defend allegations of breach—contact us today for a confidential consultation.
