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

Serious Domestic Abuse Prevention Orders (SDAPOs) 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. 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 a criminal defence lawyer may assist.

What is a Serious Domestic Abuse Prevention Order?

An SDAPO is a court order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). It allows police or the Director of Public Prosecutions to apply to the court for restrictions to be imposed on a person 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.

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.
• Within the previous 10 years, from age 16 onwards, the person has been convicted of two or more serious domestic violence offences carrying at least seven years’ maximum imprisonment, or the person has been involved in serious domestic abuse activity.

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 relevant information, which may include:

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

The application must generally 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 available views of relevant family members, current or former intimate partners and other persons in a domestic relationship with an intimate partner of the respondent.

Duration, Variation and Revocation

• An SDAPO can last for a maximum of five years from the date of service. A further application 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 will only be granted where there has been a substantial change in circumstances.

Breaching an SDAPO

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 Important

Being served with an SDAPO application can have significant consequences, including restrictions on where you live, who you see and your family relationships. Legal advice can help you understand the application, the evidence and the available response.

For related services, see our Domestic Violence, AVO, Breach AVO and Coercive Control pages. You can also contact ED Legal on 0416 849 997.

This article provides general information only and is not legal advice.