How To Initiate a Domestic Violence Order Application in NSW?

How to initiate a domestic violence order application in New South Wales (NSW), Australia? According to NSW Bureau of Crimes Statistics and Research (BOCSAR), domestic abuse affects many families in NSW and is a major issue. 

An estimated 1.5% of Australian women who are 18 years of age or older reported experiencing abuse from an intimate personal relationship in the previous 12 months in 2021–2022.  Estimates establish that since the age of 15, one in four women (27%), and one in eight males (12%) in Australia have suffered violence from an intimate partner or family member.

That is why we have Apprehended Domestic Violence Orders (ADVOs). It stands as a crucial lifeline for victims of domestic or family violence the state. Moreover, these legal tools and available support services offer protection and empower individuals to escape abusive situations.

How To Initiate a Domestic Violence Order Application?

This section will discuss the step-by-step process of how to file a domestic violence order application in NSW. But first, you must know that there are two types of AVOs in NSW:

1. ADVO (Apprehended Domestic Violence Order) – When there is a domestic relationship between the parties, an ADVO deals with the protection of the person or people involved.
2. APVO (Apprehended Personal Violence Order) – An APVO deals with protecting an individual or individuals where there isn’t a domestic relationship between the parties, such as between neighbors and coworkers.

The subsequent process pertains to getting an ADVO in NSW:

Domestic Violence Order Application

There are two ways to do this: (a) Police application or (b) Private application:

1. For police application, NSW Police will apply for an ADVO on behalf of any person. To protect you, the police must get an ADVO if:

• There has been, is being, or will be domestic violence done against you.
• The defendant has intimidated or stalked you in the past, present, or anticipated future to make you fear physical or mental damage.
• There has been, is being, or will be an offence against a minor committed.
• For any of those offences, the defendant is facing legal action.

2. For private applications, you can apply on your own if you want to protect yourself from another person. To do this, you must first contact the Local Court registry. 

If the matter is taken to a hearing, you will be in charge of managing the case, which includes gathering your evidence and making your case, for this type of application.

Moreover, you should carefully evaluate your reasons for requesting an ADVO before applying. Should your application be denied, you can be required to cover the fees incurred by the accused.

Mention

The next step is the mention. At this point, the Court will consider your case for mention after you apply for an Apprehended Domestic Violence Order (ADVO). The mention is the initial court date on which an ADVO application is considered.

Here, the Court will be curious about how the defendant wishes to react to the application and if the petitioner still desires to get an ADVO. Moreover, you’re going to need a family lawyer who can represent you but if you choose to represent yourself, you still need to get expert legal advice.

During this stage, you must bring with you the following documents:

• A copy of your AVO application (or Provisional AVO, if applicable), 
• Any written statements, 
• Any witness statements you have gathered in case you require an Interim AVO, and
• Any witnesses who are willing to testify in support of your request for an Interim AVO.

The Hearing Day

This phase is your chance to let the Court know if you believe someone will commit domestic violence or has committed domestic violence. Thus, preparation before the actual hearing date is a must. You must seek legal advice on how to best present your case to maximise the approval of your ADVO application. 

Other things that you must do in preparation for the hearing are:

1. Gather all relevant evidence.
2. Issue any subpoenas.
3. Plan your statement for your submission before the court.
4. Arrange your supporting documentation.

Your case will be heard on the local court or magistrates court depending on the domestic and family violence case.

Domestic Violence Order Application: The Court’s Decision

Two things can happen at this point. The Court may:

1. Issue a temporary protection order or final ADVO; or
2. Dismiss the domestic violence order application.

But what happens if the court dismisses the domestic violence order application? The Court will reject your request for an AVO if you are unable to provide evidence supporting the need for one. 

There are two implications for the dismissal of a domestic violence order application:

1. Termination of Provisional/Interim ADVO. Any Provisional or Interim ADVO established for your protection will terminate as well, if the Court rejects your application.
2. Costs against you. The defendant may request that you reimburse them for their legal costs if you file for an AVO and the court rejects your application.

When the court grants your application, it will want to speak with both you and the defendant and ask whether it should issue additional orders. Moreover, the Court may only include orders in an AVO that are required to ensure the safety and protection of:

• You and your belongings, as well as any children the defendant’s actions, have a direct or indirect impact on. 
• Orders ought to be unambiguous and non-conflicting.

Here’s a sample of a Final ADVO that the Court will issue.

Duration of the Final ADVO

As to the duration of your final ADVO, there are two rules:

1. If ADVO is made before 28 March 2020 – A final ADVO lasts for the period of time that the court specifies.  The AVO will be in effect for a full year from the date it was made unless the Court specifies a different duration.
2. If ADVO is made after 28 March 2020 – If the Court did not specify a time frame, the final ADVO will last for the life of the order, which is two years.
3. Indefinite ADVO – The law allows the court to make an indefinite ADVO but it must show that:

• you or the police officer have asked for an indefinite ADVO
• the defendant was 18 years old when at the time of the application.
• there is a significant and ongoing risk of death or serious physical or psychological harm to you or any of your dependents.
• this risk cannot be reduced by an ADVO in force for a limited time.

Protection for Other Family Members

Domestic violence orders can be extended to protect not just immediate family, but also others close to you. This includes “named persons” like friends, partners, or even colleagues who have been impacted by your abuser’s behaviour. This type of domestic violence is referred to as “associated domestic violence.”

Importantly, children are also eligible for protection through domestic violence orders. This extends to:

• Your biological children
• Children who regularly reside with you or visit frequently.
• Stepchildren
• Even children who only spend weekends or school holidays with you

Ask a Family Lawyer from JB Solicitors

ADVOs impose legally binding restrictions on perpetrators, forbidding them from contact, assault, harassment, or intimidation. This creates a physical and emotional buffer between the victim and the abuser, allowing them to breathe and regain some sense of safety. 

However, a domestic violence order application or a statutory declaration for such applications requires expert legal advice and guidance. JB Solicitors is here for you. We can advocate for your best interests and ensure that the court hears your side. 

Contact us today if you know someone who is in immediate danger because of domestic or family violence.