Research report

Breach rate of Apprehended Domestic Violence Orders in NSW

20 Oct 2016

Aim: To estimate the proportion of ADVOs breached and identify factors associated with a breach of a final order.

Method: Details of all ADVOs granted between 1 July 2013 and 30 June 2014 (inclusive) were extracted from the NSW COPS database and linked to breach ADVO incidents occurring after 1 July 2013 and before 30 June 2015 using defendant and victim identifying information. Breaches were assigned to a particular order if they occurred after the order issue date and before the order expiry date or before a higher ADVO order was issued. Multivariate analysis was undertaken to examine factors independently associated with the time to first breach of a final ADVO.

Results: Overall 23,240 provisional orders, 18,045 interim orders and 24,458 final orders were issued during the observation period. The breach rate was much higher for final orders (20%), which are longer in duration, than for provisional (5%) or interim (9%) orders. When breaches occurred, most often only one incident per order was recorded (88% of provisional order breaches, 73% of interim order breaches and 64% of final order breaches). Of all ADVOs which did record a breach, 34% were breached within one month of being granted, 23% within 1-3 months and 18% within 3-6 months. Male, Indigenous and younger POIs breached their final order sooner than other defendants. Final orders protecting just one victim, non-Indigenous victims or victims aged less than 20 took longer to be breached.

Conclusion: Only a minority proportion of ADVOs record a breach whilst the order is in effect. Where a breach does occur it most often happens soon after the order is issued and involves a single incident.

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