What Is An ADVO (And How Do You Get One)?

What is an ADVO for? Let's talk about some legal terms first, since this topic will cover a lot of abbreviated legal terms.

We refer to an ADVO as an Apprehended Domestic Violence Order, which can help protect victims of domestic and personal violence. Family members often use this order since domestic violence is still rampant in Australia.

An ADVO is classified under AVOs (Apprehended Violence Orders), together with an APVO (Apprehended Personal Violence Order). In New South Wales, such AVOs are made under the Crimes (Domestic and Personal Violence) Act 2007. These orders are designed to protect a person known as the Person In Need Of Protection (PINOP).

Numerous terms also define what an AVO is, which includes Restraining Orders, Protection Orders, Domestic Violence Orders, Family Violence Orders, or Intervention Orders. Regardless of the purpose, such orders cater to the protected person

People who seek such orders may think that it's difficult to go through the process. Luckily for you, we will explain in this article how to file for one. So, make sure to read this article if you want to get one.

What Is an ADVO: What Are the Requirements and Conditions?

As mentioned, an ADVO protects a person from violence committed either by someone they are in a domestic relationship with or were formally in a domestic relationship with.With its stark difference from an APVO, it's time we see the requirements and conditions of an ADVO. A person can apply for an ADVO if they and their abuser:

• Are married, or were married
• Are or were in an intimate personal relationship
• Are or were in a de facto relationship
• Are living together or have previously lived together
• Are or have been relatives
• Have or previously had a relationship where one provides unpaid care for the other person
• Are living or have been living in the same residential facility (with a few exceptions), or detention centre
• In the case of an Aboriginal or Torres Strait Islander, have been part of each other's extended family, in accordance with the kinship system of the concerned person's culture

Additionally, in Section 5(2) of the Crimes (Domestic and Personal Violence) Act 2007, it is stated that:

This means that, for this Act, a woman's former partner and current partner would share a "domestic relationship", even if they have never met each other.

How To Apply For An AVO?

What is an AVO procedure, and how do we follow it? Firstly, we should identify why you need an AVO. Let's check the assessment below:

• Do you meet the age range requirement of 16 years and above to apply for an AVO?
• Are you being intimidated or were you harassed or molested? This could be either in person, or by telephone calls, text messages, emails, or in any other way, like Facebook and other forms of social media.
• Do you fear for your safety because of a personal violence offence or further violence?
• Have experienced or have been threatened with physical or mental harm
• Is there someone stalking you at work, home, or in other places that you go to?
• Is your partner abusive or violent against you and/or your child?

If one or more of these apply, then you can apply for an AVO. Afterwards, you can:

1. Call the police on triple zero (000) or the non-emergency phone line (131 444)
2. Visit the local police station. When you arrive at the police station, you may speak to a general duties police officer or the Domestic Violence Liaison Officer.
3. Contact your local court with the help of a lawyer.

Granting an Apprehended Domestic Violence Order

Like with all orders, the court will only grant one if it believes that the protected person has met all the requirements and conditions for the order. In the case of ADVO applications, the PINOP has to prove that:

1. There are reasonable grounds to fear that someone will commit or have committed a domestic violence offence against them and that the fear is reasonable given the circumstances.
2. The behaviour/conduct from the abuser justifies the need for an AVO.

If the court approves your AVO, then you and the defendant will most likely attend court. The police typically make the majority of AVO applications on behalf of the person requiring protection. However, people who fear for their safety can still apply for an AVO application without the help of the police.

Depending on the case, an ADVO can include mandatory or additional orders. Of course, the mandatory condition for this order is to prohibit the defendant from assaulting or threatening the PINOP. Additional orders can also restrict the defendant from entering certain areas where the PINOP resides or is used.

The duration of an ADVO can typically last for a period that the courts deem necessary, which often ranges from 12 months to 2 years. Courts can extend the duration, especially for a serious offence committed. So, yes, it's possible to revoke or vary an ADVO.

READ: How To Get An AVO Removed | JB Solicitors

What Is an ADVO: Legal Implications of an Apprehended Violence Order

An Apprehended Domestic Violence Order is not a criminal offence or a criminal charge. However, if a person breaches this order, they may face criminal charges. On the other hand, did you know that a PINOP may also face penalties? If the court rules against the applicant, they may be liable for the legal costs if their application is frivolous.

We Can File Apprehended Violence Orders With You

Time and time again, we fight for our clients who have suffered from current and future domestic violence offences. Because of the gravity of such cases, we ensure that such clients get all the legal help they need. In every step of the way, we remain present during the ADVO application procedure.

We at JB Solicitors continue to work with community workers and government agencies to quell domestic and family violence cases. As experts in legal matters, we form a strong and compassionate legal team that handles your case with utmost care and professionalism.

If you are seeking legal advice in cases where unfair ADVOs have been issued against you, our expert lawyers can build a strong case and make the otherwise nerve-wracking court procedures much easier for you.

Contact our domestic violence lawyers today to have a confidential discussion about your case.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.