APPREHENDED VIOLENCE ORDERS (ADVO)
Applying For An ADVO
There are two ways you can apply for an ADVO:
- The first (and most common) is for you to request an ADVO through NSW Police. The Police will be responsible for applying for, and the terms of, the ADVO. A Police prosecutor will represent you in Court and the Police will liaise with you throughout the process.
- The second is that you can make a private application for an ADVO. You will need to file the application yourself, specifying the type and terms of the ADVO. You will also need to attend at Court and explain why you are seeking the ADVO. The onus is on the applicant to persuade the Court that, on the balance of reasonable probabilities you have reasonable grounds to far, and actually, fear the defendant will commit a personal violence offence or engage in intimidating or stalking behaviour. Although you do not need a solicitor, we recommend that you seek advice as, if managed incorrectly this could result in your application being dismissed and a costs order against you.
It is important to remember that not only physical violence can lead to an ADVO.
If you have been the victim of family violence and need assistance to contact the police or make a private application for ADVO please contact the team at Holmes Donnelly & Co Solicitors.
If you are the defendant to an ADVO
If you are the defendant to an ADVO, you have several options:
- Oppose the Application and the conditions sought.Oppose the Application and the conditions sought.
- Attempt to negotiate the conditions of the sought and agree to the Order on the basis of the amended conditions.
- Accept the Application and conditions sought. You can accept the Application on a ‘without admissions basis’; meaning that although you accept the ADVO, you do so without making a concessions of wrongdoing.
Notwithstanding ADVOs are civil proceedings and not a criminal record, if you are considering accepting the Application on a without admissions basis you should keep in mind:
- If you do not have Parenting Orders in place, if your children are listed as protected persons on the ADVO, you may be prevented from contacting or spending time with them. It is important to note that even if your children are not specifically named as a protected person, if they are living with your former partner they are considered to be in a ‘domestic relationship’ with them and are accordingly, also protected by the ADVO.
- If you breach the ADVO there are serious consequences. For more information about what happens if you breach an ADVO, read here.
- You may not be able to pass a working with children check.
- You may not be able to retain or obtain a firearms licence.
- You may not be able to obtain or retain a security licence.