A new type of court order is now being used in New South Wales to supervise and monitor high-risk domestic violence offenders. The Serious Domestic Abuse Prevention Order (SDAPO) scheme commenced on 29 September 2025, introducing one of the most significant changes to NSW domestic violence law in years.
Yet despite the scheme having now been in operation for around six months, many people still have little understanding of what an SDAPO is, who it applies to, how it differs from an Apprehended Violence Order (AVO), and what the consequences of breaching one look like.
This article explains the scheme in plain terms.
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Why Was The Serious Domestic Abuse Prevention Order Scheme Introduced?
The backdrop to the SDAPO scheme is a NSW domestic violence crisis that shows little sign of easing. According to the NSW Bureau of Crime Statistics and Research (BOCSAR), in 2025 there were 82 murder victims in New South Wales, of whom 32 were killed in domestic violence-related incidents.
BOCSAR data also shows that over the past decade, domestic violence sexual offences increased by 103 per cent, domestic violence assaults rose by 31 per cent, and breaches of Apprehended Violence Orders increased by 90 per cent.
In December 2025, NSW Police recorded more than 100,000 domestic violence-related crimes in 2024 alone, and 39 people were killed in domestic violence-related murders that year. That data informed NSW’s first dedicated perpetrator-focused strategy, Building Better Responses: NSW Strategy to Respond to the Use of Domestic and Family Violence 2026-2030, launched by the Minns Government in late 2025.
The SDAPO scheme sits alongside that strategy. It was created under the Crimes (Domestic and Personal Violence) and Other Legislation Amendment Act 2024, and commenced as new Part 10A of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). The NSW Government has invested $9.3 million in its implementation.
What Is An SDAPO?
An SDAPO is a civil court order designed to monitor and supervise very high-risk domestic violence offenders. The NSW Department of Communities and Justice has described it as modelled on serious crime prevention orders, which have historically been used against members of organised crime groups, outlaw motorcycle gangs, and persons involved in drug trafficking. The deliberate choice to apply that same framework to domestic violence reflects the NSW Government’s stated intention to treat repeat domestic abuse as seriously as organised criminal activity.
Only the NSW Commissioner of Police or the Director of Public Prosecutions can apply for an SDAPO. They cannot be applied for by an individual victim or their legal representative.
An SDAPO can last for up to five years. Unlike an AVO, it is a civil order, meaning it is determined on the balance of probabilities rather than beyond reasonable doubt.
Who Can Be Subject?
Courts may make an SDAPO against a person aged 18 or over who falls into one of two categories, as set out by the Local Court of New South Wales:
The conviction cohort: a person who has been convicted within the last 10 years of two or more domestic violence offences, each carrying a maximum penalty of at least seven years’ imprisonment, or of what the Act calls “serious domestic abuse offences.”
The charge cohort: a person who has been charged with a serious domestic violence offence against a relative or current or former intimate partner. As Part 10A makes clear, an SDAPO can still be sought even where charges have been withdrawn, the person was acquitted, or a conviction was later quashed, because the proceedings are determined on the civil standard of proof. This is one of the most significant features of the scheme.
The court must be satisfied there are reasonable grounds to believe the SDAPO would protect the person’s family members, their former, current, or potential intimate partners from domestic abuse.
How Is An SDAPO Different To A AVO?
There are several important distinctions between an SDAPO and an Apprehended Violence Order.
The most significant difference in scope is that while an AVO protects a named individual, an SDAPO can be made to protect any potential future intimate partners, as well as current and former partners and family members. A person does not need to be identified or at risk at the time the order is made. The SDAPO is preventative in a way that goes well beyond what an AVO can achieve.
In terms of conditions, an AVO generally restricts contact and proximity to the protected person. An SDAPO goes further and can impose positive obligations on the person subject to it, including:
- Regular reporting to a police station at a specified time
- Notifying police when commencing a new intimate partner relationship
- Disclosing any dating profiles they create or use
- Restrictions on social media and dating apps
- In some circumstances, requirements around access to devices
Where there is an inconsistency between an SDAPO and an existing AVO, the SDAPO conditions take precedence, but the person must still comply with both orders.
An SDAPO also results in automatic revocation of any firearms licence or prohibited weapon permit held by the person subject to the order. This occurs in the same way as it does for AVOs.
What Happens If You Breach An SDAPO?
Breaching an SDAPO is a criminal offence. Under section 87E of the Crimes (Domestic and Personal Violence) Act 2007, a person who knowingly contravenes an SDAPO faces a maximum penalty of five years’ imprisonment and/or a fine of up to $33,000 (300 penalty units).
This is a significantly higher penalty than the standard maximum of two years’ imprisonment that applies to a basic breach of an AVO under section 14 of the same Act.
Separate aggravated ADVO breach offences were introduced alongside the SDAPO scheme.
- A person who intentionally breaches an ADVO with the intent to cause the protected person physical or mental harm now faces up to three years’ imprisonment and/or 100 penalty units.
- A person who breaches an ADVO on three or more occasions within 28 days, endangering safety, faces a maximum of five years’ imprisonment and/or 150 penalty units ($16,500).
Can An SDAPO Be Appealed Or Revoked?
Yes. Under Section 87F of the Act, both the applicant and the person against whom the order is made have a right of appeal. A person subject to an SDAPO may also apply to have it varied or revoked, but only if they can demonstrate a substantial change in the relevant circumstances since the order was made or last varied.
The Broader Context In 2026
The SDAPO scheme is part of a broader legislative shift in NSW. In the same period, the state introduced the coercive control offence under section 54D of the Crimes Act 1900, electronic monitoring for domestic violence offenders on bail, updated the definition of stalking to explicitly cover GPS tracking and online monitoring of a victim’s accounts, and launched its first dedicated perpetrator strategy. Each of these measures reflects a stated intent to intervene earlier in patterns of domestic abuse, rather than waiting for violence to escalate.
Given that the SDAPO scheme is only around six months old, no reported contested case law has yet emerged from NSW courts on how conditions will be interpreted or how applications will be assessed. That is likely to change as more orders are made and first contested hearings proceed.
What To Do If You Are Facing SDAPO Proceedings
If an application for an SDAPO has been made against you, or you have been notified that police or the DPP are considering one, obtaining legal advice promptly is essential. These proceedings carry serious long-term consequences, including restrictions on your daily life, your relationships, your use of technology, and your right to hold a firearms licence. Because the standard of proof is civil, not criminal, the procedural landscape differs significantly from a criminal hearing.
If you are a victim-survivor seeking to understand how these orders may apply in your circumstances, or how they interact with existing AVO proceedings, legal advice can help clarify what protections are available.
This article contains general information about the law in New South Wales as at March 2026. It is not legal advice. Anyone facing proceedings involving an SDAPO, AVO, or domestic violence charge should seek advice specific to their circumstances.
Speak To A Sydney Criminal Lawyer Today
If you have questions about a Serious Domestic Abuse Prevention Order, an AVO, or any domestic violence matter in New South Wales, O’Brien Criminal and Civil Solicitors are here to help.
📞 Call 02 9261 4281 for a free, confidential consultation
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