More time for AVO breaches, control of serious abusers

Serious domestic violence offenders could be banned from social media and dating apps and required to inform police when they commence a new relationship.

People convicted or accused of a serious domestic violence offence could be subject to strengthened prevention orders as part of changes that passed NSW parliament on Tuesday.

Abusers who persistently and deliberately breach court orders meant to prevent them from tormenting others will face increased penalties under the reforms. 

Parents granted sole custody of a child will also be able to apply to change the child's name.

New categories for breaches of apprehended domestic violence orders (ADVOs) have been introduced, providing for increased penalties in cases of persistent or deliberate breaches.

Silhouette of a woman
NSW has introduced new categories for breaches of apprehended domestic violence orders.

"Multiple breaches of an ADVO within a short period of time is evidence of a disregard for the law and the orders of the court and can indicate, and often does, a higher risk of harm to the protected person," Attorney-General Michael Daley said when introducing the reforms to parliament earlier in September.

Persistent breaches carry a maximum penalty of five years in prison.

A similar penalty will apply for breaching the newly introduced Serious Domestic Abuse Prevention Order (SDAPO).

The orders will allow police to monitor high-risk offenders and courts to impose any conditions considered appropriate to prevent them from engaging in domestic abuse.

It could include tightened reporting requirements, restrictions on using social media and dating apps, and notifying police when commencing a new relationship.

It is unclear when the order will be available to authorities.

Other changes will take effect by December, but the Serious Domestic Abuse Prevention Order will require training for police and the judiciary.

"Failing to provide the time for that work will set up these reforms for failure," Mr Daley told parliament on Tuesday.

Police tape.
A new prevention order allows police to monitor high-risk domestic violence offenders.

The opposition attempted to legislate its introduction by March but was voted down.

It is already an offence to breach an ADVO - with a maximum penalty of two years in prison - but people who intentionally breach an order to cause harm or fear to the protected person can now face up to three years.

The definition of stalking has been updated to keep pace with technology and now explicitly includes using GPS trackers or monitoring social media and other online accounts.

Technology is also being used to streamline the issuing of orders, with police able to do so electronically if the parties consent.

The changes follow tightened bail laws in July, when the criminalisation of coercive control, which passed parliament under the former coalition government in 2022, also came into effect.

Domestic Violence Prevention Minister Jodie Harrison said the reforms complemented other changes including early intervention and prevention programs and increased support for people fleeing violence.

“Too many lives have been lost to domestic and family violence, and these new laws are a vital step to improve the safety and security of victim-survivors," Ms Harrison said after the reforms passed parliament.

More than 39,000 ADVOs a year have been issued in NSW since April 2022 according to the state's Bureau of Crime Statistics and Research.

Keeping people under ADVOs for longer reduced the likelihood of re-offending, the bureau reported in December.

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