Serious Domestic Abuse Prevention Orders (SDAPO) NSW | ED Legal

Serious Domestic Abuse Prevention Orders (SDAPO) in NSW:

On 29 September 2025, new legislation came into effect in New South Wales, giving courts the power to impose Serious Domestic Abuse Prevention Orders (SDAPOs). These orders are designed to restrict individuals from engaging in domestic abuse by placing legally enforceable conditions on their behaviour.

If you have been served with an application for an SDAPO, it is important to understand your rights, the potential consequences, and how an experienced criminal defence lawyer in NSW can assist you.

What is a Serious Domestic Abuse Prevention Order (SDAPO)?

A Serious Domestic Abuse Prevention Order (SDAPO) is a court order under the Crimes (Domestic andPersonal Violence) Act 2007 (NSW). It allows Police or the Director ofPublic Prosecutions (DPP) to apply to the court for restrictions to be imposed on a person in order to prevent future domestic abuse.

Conditions an SDAPO May Contain:

A court has broad discretion to impose conditions, which may include:

• Prohibiting assault, threats, stalking, harassment or intimidation.
• Restricting contact with family members, partners, or others in domestic relationships.
• Imposing limits on where a person can live or move.
• Placing restrictions on parenting arrangements.
• Prohibiting firearm possession.

However, an SDAPO cannot require a person to provide privileged or confidential information, protected communications, or disclosures prohibited under other laws.

Who Can Be Subject to an SDAPO?‍

A court may issue an SDAPO if:

• The person is at least 18 years old, and
• Within the past 10 years (from age 16 onwards), the person has either been convicted of two or more serious domestic violence offences (carrying at least seven years’ maximum penalty) or,
• The person has been involved in serious domestic abuse activity, regardless of whether they have been convicted of a criminal offence relating to this.

The court must also be satisfied that the order is necessary to protect a family member, intimate partner, or another relevant person from domestic abuse.

Application Requirements:

An application for an SDAPO must include

• Details of any existing Apprehended  Violence Orders (AVOs).
• Details of any Family Law Act orders.
• If based on serious abuse activity, details of the alleged offence and the outcome.

The application must be personally served on the respondent at least 14 days before the hearing unless the court orders otherwise.

Respondent’s Rights and Court Considerations:

If you have been served with an SDAPO application, you have the right to attend Court, obtain legal representation, and make submissions in response.

The court must have regard to the views of a family member of the person, a former or current intimate partner of the person and a person in a domestic relationship with an intimate partner of the person if available.

Duration,Variation and Revocation of SDAPO’s:

• An SDAPO can last for a maximum of five years from the date of service. Further applications may be made after expiry.
• It may be varied or revoked on application by either party.
• If the respondent applies, leave of the court is required, and this will only be granted where there has been a substantial change in circumstances

Breaching an SDAPO in NSW:

Breaching an SDAPO is a serious criminal offence, punishable by:

• Up to five years’ imprisonment, and/or
• A fine of up to 300 penalty units.

Why Legal Advice is Essential:

Being served with an SDAPO application can have life-changing consequences, including restrictions on where you live, who you see, and your family relationships. It is critical that you do not face these proceedings alone.

At ED Legal, we provide clear advice, strong representation, and experienced advocacy. Whether you want to oppose an SDAPO application or seek to vary or revoke an order, our defence team is here to protect your rights and guide you through every step of the process.

Contact ED Legal today on 0416 849 997 or ali@edlegal.com.au for immediate advice and representation.

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