People who have abusive and violent partners always have the right and the option to file a domestic violence order application.
In fact, the NSW Bureau of Crime Statistics and Research (BOCSAR), states that 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. Domestic violence includes physical, emotional, psychological, economic, and sexual abuse, coercion, and control inflicted by one person on their partner.
As Australians, we should know how to file an apprehended domestic violence order application (ADVOs) to quell such numbers. It stands as a crucial lifeline for victims of domestic or family violence in the state. Moreover, these legal tools and available support services offer protection and empower individuals to escape abusive situations.
Types of AVOs You Should Know
This section will discuss the step-by-step process for filing a domestic violence order in NSW. But first, you must know that there are two types of AVOs in NSW:
- 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.
- APVO (Apprehended Personal Violence Order) – An APVO protects an individual or individuals where there isn’t a domestic relationship between the parties, such as between neighbours or coworkers.
How Do You Start a Domestic Violence Order Application
There are two ways to start this application. You can start with either a Police application or a Private application. For a 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.
The police will then serve the respondent a copy of the application once it is lodged.
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.
What Are the Next Steps?
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 court process 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 against you. 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:
- Gather all relevant evidence.
- Issue any subpoenas.
- Plan your statement for your submission before the court.
- Arrange your supporting documentation.
You must file your completed and signed application at a Magistrates’ Court registry. However, the local court or magistrates’ court can also hear your case, depending on the domestic and family violence case factors.
Domestic Violence Order Application: The Court’s Decision
The application process for a domestic violence order can last up to several weeks, depending on the case’s severity. At a later point in the process, two things can happen. The Court may either:
- Issue a temporary protection order or final ADVO; or
- 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:
- Termination of Provisional/Interim ADVO. Any Provisional or Interim ADVO established for your protection will terminate as well if the Court rejects your application.
- 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.
Duration of the Final ADVO
Domestic violence orders can be made for a duration of up to five years, but may be shorter or longer depending on special circumstances. There are two rules for the duration of such orders that the court follows.
- ADVOs 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.
- ADVOs 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.
- Indefinite ADVO – The law allows the court to make an indefinite ADVO, but it must show that:
- You or the police officer has asked for an indefinite ADVO
- The defendant was 18 years old 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 protection 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 jargon-free 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.
