Serious Domestic Abuse Prevention Orders

Published by Geoff Harrison | 19 October 2025

Other Sources:

• Crimes (Domestic and Personal Violence) and Other Legislation Amendment Bill 2024 (Second Reading Speech)

• Domestic Violence Offences

Extracted Legislation:

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 87A

Definitions

In this part--

"appropriate court" , in relation to an application for, or the making of, a serious domestic abuse prevention order against a person, means--

(a) if the ground for making the order is that the person has been convicted of 2 or more domestic violence offences with a maximum penalty of 7 years imprisonment or more--the Local Court, or

(b) if the ground for making the order is that the person has been involved in serious domestic abuse activity--the Supreme Court.

"eligible applicant" means any of the following--

(a) the Commissioner of Police,

(b) the Director of Public Prosecutions.

"family member" of a person means the following--

(a) a person who is or has been a relative of the person

(b) for a person who is an Aboriginal person or a Torres Strait Islander--a person who is or has been part of the extended family or kin of the person according to the indigenous kinship system of the person's culture.

"intimate partner" , of a person (the

"first person" ), means a person who--

(a) is or has been married to the first person, or

(b) is or has been a de facto partner of the first person, or

Note--: "De facto partner" is defined in the Interpretation Act 1987 , section 21C.

(c) has or has had an intimate personal relationship with the first person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature.

"serious domestic abuse activity" means anything done by a person that is or was at the time a serious domestic violence offence--

(a) for which the person has been charged, and

(b) whether or not the person--

(i) has been tried, or

(ii) has been tried and acquitted, or

(iii) has been convicted, even if the conviction has been quashed or set aside.

"serious domestic abuse prevention order" --see section 87B.

"serious domestic violence offence" means--

(a) an offence under the Crimes Act 1900, Part 3 with a maximum penalty of 14 years imprisonment or more, if the offence is committed by a person against a family member or an intimate partner of the person, or

(b) an offence under a law of the Commonwealth, another State or Territory or another jurisdiction that is similar to an offence under that part.

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 87B

Making of serious domestic abuse prevention orders

(1) An appropriate court may, on the application of an eligible applicant, make an order (a

"serious domestic abuse prevention order" ) against a specified person if--

(a) the person is at least 18 years of age, and

(b) the court is satisfied that, during the previous 10 years, the person, when at least 16 years of age--

(i) has been convicted of 2 or more domestic violence offences with a maximum penalty of 7 years imprisonment or more, or

(ii) has been involved in serious domestic abuse activity, and

(c) the court is satisfied there are reasonable grounds to believe that the making of the order would protect one or more of the following persons by preventing the person engaging in domestic abuse-

(i) a family member of the person,

(ii) a former, current or potential intimate partner of the person,

(iii) a person in a domestic relationship with an intimate partner of the person.

(2) An application must include the following information--

(a) details of apprehended violence orders in force against the person, if any,

(b) details of orders made under the Family Law Act 1975 of the Commonwealth against the person of which the applicant is aware.

(3) If the ground relied on for an application for a serious domestic abuse prevention order against a person is that the person has been involved in serious domestic abuse activity for which the person has not been convicted of a serious domestic violence offence by reason of an acquittal or a conviction being quashed or set aside, the application must include the following information--

(a) the serious domestic violence offence of which the person was acquitted or the conviction of which was quashed or set aside,

(b) the court in which the person was acquitted of the offence or in which the conviction was quashed or set aside,

(c) the date on which the person was acquitted or on which the conviction was quashed or set aside.

(4) Unless the appropriate court orders otherwise, the applicant must serve a copy of the application on the person against whom the serious domestic abuse prevention order is sought at least 14 days before the hearing date for the application.

(5) The person against whom a serious domestic abuse prevention order is sought may appear at the hearing of the application and make submissions in relation to the application.

(6) The court must have regard to the views of the following persons, if available to the court, in determining an application for a serious domestic abuse prevention order--

(a) a family member of the person,

(b) a former or current intimate partner of the person,

(c) a person in a domestic relationship with an intimate partner of the person.

(7) In determining an application for a serious domestic abuse prevention order, the court may admit and take into account hearsay evidence despite any rule relating to the admission of hearsay evidence, whether under the Evidence Act 1995 or otherwise, if--

(a) the court is satisfied that the evidence is from a reliable source and is otherwise relevant and of probative value, and

(b) the person against whom the order is sought to be made has been notified of, and served with a copy of, the evidence before its admission.

(8) The applicant must ensure a serious domestic abuse prevention order is served, whether by the applicant or another person, on the person against whom it is made. The order must be served by means of personal service.

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 87C

Content of serious domestic abuse prevention order

(1) A serious domestic abuse prevention order may contain prohibitions, restrictions, requirements and other provisions as the court considers appropriate to prevent the person engaging in domestic abuse in relation to the following--

(a) family members of the person,

(b) former, current or potential intimate partners of the person,

(c) persons in a domestic relationship with an intimate partner of the person.

(2) However, a serious domestic abuse prevention order must not contain provisions that require a person--

(a) to answer questions or provide information orally, or

(b) to answer questions, or to provide documents or other information, that are subject to client legal privilege (legal professional privilege), or

(c) to disclose protected confidences within the meaning of the Evidence Act 1995, Part 3.10, Division 1A, or

(d) to provide documents or other information that is held by the person in confidence as part of a banking business unless--

(i) the person to whom the confidence is owed has consented, or

(ii) the order specifically requires the provision or production of the documents or other information concerned, or documents or other information of the kind concerned, or

(e) to answer questions, or to provide documents or other information, that would result in a disclosure prohibited by a provision of another Act, other than the Evidence Act 1995.

(3) Without limiting subsection (2), an answer, document or other information given by a person in compliance with a requirement of a serious domestic abuse prevention order (the

"compelled evidence" ) is not admissible as evidence against that person in civil or criminal proceedings other than--

(a) proceedings for an offence against section 87E, or

(b) proceedings in which the person has adduced the compelled evidence.

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 87D

Duration of serious domestic abuse prevention order

(1) A serious domestic abuse prevention order--

(a) takes effect when it is served on the person against whom it is made or on a later date specified in the order, and

(b) once it takes effect, has effect for the period specified in the order.

(2) The period specified in a serious domestic abuse prevention order for its duration must not exceed a period of 5 years.

(3) Nothing in this section prevents the court from making a second or subsequent serious domestic abuse prevention order against the same person.

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 87E

Offence--contravention of serious domestic abuse prevention order

(1) A person against whom a serious domestic abuse prevention order is in effect must not knowingly contravene the order.

Maximum penalty--imprisonment for 5 years or 300 penalty units, or both.

(2) A person is not guilty of an offence against subsection (1) unless the person was served with a copy of the serious domestic abuse prevention order or was present in court when the order was made.

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 87F

Right of appeal in relation to making of serious domestic abuse prevention order

(1) Each of the following persons may appeal against a decision of an appropriate court in relation to the making of a serious domestic abuse prevention order--

(a) the applicant for the order,

(b) the person against whom the order is made.

(2) If the appropriate court that made the decision is--

(a) the Local Court--the appeal may be made to the Supreme Court, and

(b) the Supreme Court--the appeal may be made to the Court of Appeal.

(3) An appeal lies as of right on a question of law and with leave on a question of fact.

(4) An appeal as of right must be made within 28 days after the date on which the decision was made unless the court to which the appeal is being made grants leave for it to be made after that time.

(5) On an appeal, a court may--

(a) confirm, vary or reverse the decision the subject of the appeal, and

(b) make a consequential or ancillary order.

(6) The lodging of a notice of appeal under this section does not have the effect of staying the operation of the order concerned.

(7) The court that made the order may, on application by the person against whom the order is made, stay the operation of the order, if satisfied that it is safe to do so, having regard to the need to prevent the person engaging in domestic abuse of one or more of the persons referred to in section 87B(1)(c).

(8) A stay on the operation of the order continues until the appeal is finally determined, subject to any order or direction of the court to whom the appeal is made.

(9) This section has effect despite the Crimes (Appeal and Review) Act 2001, section 63.

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 87G

Variation or revocation of serious domestic abuse prevention order

(1) The court that makes a serious domestic abuse prevention order may at any time vary or revoke the order on application by--

(a) the applicant for the order, or

(b) the person against whom the order is made.

(2) An application for the variation or revocation of a serious domestic abuse prevention order may only be made by the person against whom the order was made with the leave of the court and leave is only to be granted if the court is satisfied there has been a substantial change in the relevant circumstances since the order was made or last varied.

(3) The court, before varying or revoking a serious domestic abuse prevention order under this section, must--

(a) allow all parties to the proceedings for the original order a reasonable opportunity to be heard on the matter, and

(b) have regard to the same factors to which the court is required to have regard in considering whether or not to make a serious domestic abuse prevention order and the content of a serious domestic abuse prevention order, and

(c) have regard to the views of the following persons, if available to the court--

(i) a family member of the person,

(ii) a former or current intimate partner of the person,

(iii) a person in a domestic relationship with an intimate partner of the person.

(4) An eligible applicant is entitled to appear in proceedings for a variation or revocation of a serious domestic abuse prevention order under this section.

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 87H

Power of court to vary or revoke existing apprehended violence orders

(1) The court that makes a serious domestic abuse prevention order against a person may, on application or on its own motion, vary or revoke an existing apprehended violence order made against the person if the court is satisfied that in all the circumstances it is proper to do so.

(2) An eligible applicant is entitled to appear in proceedings for a variation or revocation of an existing apprehended violence order under this section.

(3) Section 77 extends to a variation or revocation of an apprehended violence order under this section.

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 87I

Serious domestic abuse prevention orders prevail over apprehended violence orders

If a serious domestic abuse prevention order is inconsistent with an apprehended violence order, the serious domestic abuse prevention order prevails to the extent of the inconsistency.

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 87J

Proceedings for serious domestic abuse prevention orders are civil and not criminal

(1) For the purposes of this part, proceedings on an application for a serious domestic abuse prevention order are not criminal proceedings.

(2) Except in relation to an offence against this part--

(a) the rules of construction applicable only in relation to the criminal law do not apply in the interpretation of the provisions of this part, and

(b) the rules of evidence applicable in civil proceedings, including as to the burden of proof, apply, and those applicable only in criminal proceedings do not apply, to proceedings under this part.

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 87K

Rules of court

Rules of court may be made under the Civil Procedure Act 2005, the Local Court Act 2007 and the Supreme Court Act 1970 for or with respect to the practice and procedure to be followed in respect of proceedings under this part for serious domestic abuse prevention orders and any matters incidental to, or relating to, such practice and procedure.