An ADVO, or Apprehended Domestic Violence Order, protects a person from someone with whom they are or were in a domestic relationship.
In domestic violence situations requiring an ADVO, police are authorised to take out an AVO even where the alleged victim does not wish to proceed with the order.
An ADVO generally lasts for up to 2 years. It is intended to protect a party in a domestic relationship from physical or verbal abuse, harassment, or intimidation. It prevents one party from doing certain things, such as going within a certain distance from the other party, visiting their house, or contacting them via phone or email.
In addition to the mandatory conditions, extra conditions can be included in an ADVO.
A person found to have breached a condition of the ADVO potentially faces jail time.
The police can make an ADVO application on your behalf, or you can make a private application to the court.
How do I defend or respond to an ADVO application?
If you’ve been named as a defendant of an ADVO, you’re not automatically banned from seeing or contacting the protected person.
If you have an ADVO on your record, it could affect you later, especially if you are considering seeking parenting orders in the Federal Circuit and Family Court of Australia (FCFCOA).
You can contest or defend an ADVO by responding to the application. You can:
- Make a cross application
- Ask for a property recovery order
To get legal advice, you can ask for an adjournment of the court date.
Filing a cross application
You can file a cross-application against the protected person, which means in essence that you’re serving them with an ADVO. You will have to prove to that you fear the other person and that you have reason to.
If you’re considering filing a cross-application, it is prudent to consult a lawyer in advance.
Responding to an ADVO application
The protected person need not prove that you have committed violence against them, only that their fear of you is reasonable.
In response you can:
- Give the court an undertaking (i.e. a binding promise) that you will adhere to or refrain from a certain action; or
- Contest the ADVO – that is, argue the facts of what happened to establish that the applicant’s allegations are false; or
- Consent to the ADVO without admissions – that is, you agree to the terms of the ADVO but do not agree with the facts.
Property recovery orders
A property recovery order is a court order allowing you to retrieve personal items from a defendant or protected person(s) (usually accompanied by the police).
Appeal to the District Court
If you attend the court and a final order is made against you, you can appeal to the District Court of NSW. Within 28 days, file a Notice of Appeal in the District Court. Filing an appeal does not stop an existing ADVO – you have to apply separately to “stay” the ADVO.
The effect of ADVO on parenting orders
If parenting proceedings are commenced in the Federal Circuit Court or Family Court, the court is obligated by law to consider any allegations of family violence.
FCFCOA orders override orders made in the Local Court.. FCFCOA orders can be attached to the ADVO so that the Local Court is aware the conditions have been overridden.
Is an AVO different to an ADVO?
An ADVO is a specific type of AVO (Apprehended Violence Order).
Here to Help
Contact us now for free initial telephone advice about ADVOs and AVOs.
