Understanding Lapsing Interim ADVOs: A Comprehensive Guide

In New South Wales, an Apprehended Domestic Violence Order (ADVO) is a type of Apprehended Violence Order (AVO) made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). This order is designed to protect individuals from domestic violence.

What is a Lapsing Interim ADVO?

A “lapsing interim ADVO” is a specific type of interim ADVO created under the Specialist Family Violence List Pilot. This is a temporary court order that lasts for a set period, typically 6 months. If the defendant follows all conditions and there are no breaches during this time, the police or the applicant usually withdraw the application. Consequently, the court will dismiss the matter at the next mention.

To clarify:

• The interim ADVO is immediately enforceable while it is active.
• If it “lapses,” the defendant is no longer bound by its conditions from that point onward.
• Any alleged breach during the period can still be prosecuted as a criminal offence.
  
  

When Can the Court Consider a Lapsing Interim ADVO?

Under the pilot framework, the court may consider a lapsing interim order when it is appropriate in the circumstances and aligns with the pilot’s objectives. In practice, lapsing interim orders are primarily used in “standalone” ADVO proceedings. This means ADVO applications that do not run alongside related criminal charges. The availability of these orders depends on the court and how the pilot is being applied at that time.

How Lapsing Interim ADVOs Fit Within the Broader AVO Framework

1) Provisional ADVOs

Provisional ADVOs may be issued by police in domestic violence situations. This typically occurs when police believe it is necessary for immediate safety. The provisional ADVO is served on the defendant and can operate before the first court date. It remains in effect until the matter is addressed in court and replaced by a court order or otherwise resolved.

2) Interim ADVOs

Interim ADVOs, including “lapsing interim” orders under the pilot, can be made by the Local Court at an early stage. The court considers it appropriate to ensure safety and preserve the situation while the application is determined. A defendant may:

• Consent to the making of the order (commonly “without admissions”), or
• Oppose the application and have it listed for a defended hearing.
  
  

3) Final ADVOs

Final ADVOs are issued after the application is determined, either by consent or following a hearing. A final ADVO is not a criminal conviction, but it is a court order recorded in relevant systems. It can have significant downstream impacts, such as consequences for firearms licensing and reputational or employment impacts in certain sectors.

A final ADVO may be issued for a fixed period or until further order, depending on the court's decision.

Breaching any ADVO condition—whether provisional, interim, or final—is a criminal offence. This can lead to arrest, charges, bail implications, and sentencing outcomes.

Common Conditions of ADVOs

The specific wording of the order can vary. However, the mandatory requirements typically prohibit the defendant from doing any of the following to the protected person (and, in some cases, other protected persons named on the order):

• Assaulting or threatening them.
• Stalking, harassing, or intimidating them.
• Intentionally or recklessly destroying or damaging property belonging to them.
  
  

Depending on the circumstances, the court may also impose additional conditions, such as:

• Non-contact conditions (no phone, text, social media, or third-party contact), sometimes with limited exceptions.
• Exclusion conditions (not attending the protected person’s home, work, or school).
• Proximity restrictions (not approaching within a specified distance).
• Property and residence-related conditions.
  
  

All conditions must be read carefully. Even well-intentioned contact, such as “checking in,” can be considered a breach if it is prohibited.

Why Were Lapsing Interim ADVOs Introduced?

The pilot approach aims to enhance case management and trauma-informed practice in suitable matters. It allows an interim order to operate for a defined period while the proceedings are adjourned. This prevents the matter from immediately progressing to a defended hearing or final determination.

During the adjournment period, the lapsing ADVO remains in force and must be adhered to. This period can provide time for:

• Engagement with support services.
• Consideration of appropriate long-term arrangements.
• Orderly case management without the matter being immediately contested in court.
  
  

Parties should not assume they can “resolve things privately” during this period. Any communication must strictly comply with the conditions of the order (and any bail conditions, if applicable).

What Happens at the End of the Adjournment?

Outcomes depend on the case posture and who the applicant is:

• If NSW Police are the applicant, the decision to discontinue rests with the police/prosecution. The court controls whether the application is dismissed or otherwise finalised.
• If the protected person is the private applicant, they may seek to discontinue, but the court retains oversight of finalisation.
  
  

If there has been no alleged breach and the application is not pursued, the proceedings may be withdrawn or disposed of. Consequently, the interim order may lapse/expire according to its terms.

If there is an alleged breach or ongoing safety concerns, the matter may return to court. It may proceed to further interim orders, compliance checks, or a defended hearing.

The Specialist Family Violence List Pilot

The Specialist Family Violence List Pilot has operated in selected Local Courts, including courts like the Downing Centre and other nominated venues. The availability and operation of the pilot can change over time.

Whether an ADVO is sought for protection or is being defended, careful attention should be given to the wording of conditions, any overlapping bail conditions, and the procedural pathway (consent, negotiated variations, or hearing).

Surge Legal can assist with advice and representation in ADVO matters, including applications to vary or revoke orders and defended hearings.

To contact us, please call (02) 8551 7851.

For more information, visit our website here.