This article will discuss New South Wales’ domestic violence restraining order meaning. A domestic violence restraining order is woven with the strength of the law, aiming to safeguard those facing the storm of domestic abuse. Generally these orders start out as a temporary restraining order and authorities may turn them into permanent restraining orders. In other places, we may also refer to protective orders as:
- A Domestic Violence Order (DVO) in Queensland;
- An Apprehended Violence Order (AVO) in NSW;
- A Family Violence Intervention Order (FVIO) in Victoria;
- An Intervention Order (IO) in South Australia;
- A Family Violence Order (FVO) or Police Family Violence Order (PVFO) in Tasmania;
- A Domestic Violence Protection Order (DVO) in the ACT, and;
- A Domestic Violence Protection Order (DVO) in the Northern Territory.
Breaching the conditions of a restraining order is a criminal offence. It can result in imprisonment or heavy penalties.
Apprehended Domestic Violence Order (ADVO)
What is the domestic violence restraining order meaning? More properly known as the Apprehended Domestic Violence Order (ADVO), a Court makes this order when the protected person is, or has been, in a domestic relationship with the defendant and domestic violence exists in that relationship.
These orders aim to protect individuals from domestic violence or threats of violence. Either police officers or affected family members can apply for these orders. The court will consider the safety and interests of the victim and children when deciding whether to grant an ADVO.
If granted, the court may require both parties to undergo mediation to resolve the dispute before finalising the order.
Another thing you must know about restraining order meaning is the definition of domestic relationship. Under the Crimes (Domestic and Personal Violence) Act 2007, “domestic relationship” is a relationship wherein a person has with another person if:
- They are or have been married.
- They are or have been de facto partners.
- They has or has had an intimate personal relationship with the other person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature.
- They are living or has lived in the same household as the other person.
- They have or have had a relationship involving his or her dependence on the ongoing paid or unpaid care of the other person.
- They are a relative of the other person.
- In the case of an Aboriginal person or a Torres Strait Islander, they are or have been part of the extended family or kin of the other person according to the Indigenous kinship system of the person’s culture.
Domestic Violence Liaison Officers (DVLO)
How can a DVLO help you? These officers investigate and manage domestic and family violence cases. They are specialist police officers who have training in various aspects, including child protection procedures, victim support, and court Apprehended Violence Order (AVO) processes.
Their responsibilities include:
- providing advice to police and victims,
- referring individuals to appropriate support agencies, and
- offering assistance to victims through the court process for AVOs.
Additionally, they are involved in the review and oversight of all domestic and family violence reports and cases, as well as monitoring repeat victims and perpetrators. Each of the 80 Local Area Commands in NSW has one or more DVLOs, making them a critical link for police in investigating and supporting victims of domestic and family violence.
The Crimes (Domestic and Personal Violence) Act 2007
These are the provisions under the Crimes (Domestic and Personal Violence) Act 2007 related to the domestic violence restraining order meaning:
Domestic Violence Offence
To understand more about the domestic violence restraining order meaning, you must know what is a domestic violence offence.
Under Section 11, a domestic violence offence is an offence committed by a person to another with whom he or she has or has had a domestic relationship. Moreover, such offence constitutes a:
- a personal violence offence, or
- an offence (other than a personal violence offence) that arises from substantially the same circumstances as those from which a personal violence offence has arisen, or
- an offence (other than a personal violence offence) the commission of which is intended to coerce or control the person against whom it is committed or to cause that person to be intimidated or fearful (or both).
Making an Apprehended Domestic Violence Order
Section 16 of the Act gives the Court the power to make a ADVO upon application of any affected person. However, the Court must believe on the balance of probabilities that a person who has or has had a domestic relationship with another person has reasonable grounds to fear and in fact fears:
- The commission by the other person of a domestic violence offence against the person, or
- The other person intimidates the applicant or a person with whom the person has a domestic relationship, or
- The other person stalks the applicant,
However, the court doesn’t need to be satisfied that the person for whose protection the order would be made fears that such an offence will be committed, or that such conduct will be engaged in, if:
- the person is a child, or
- the person is, in the opinion of the court, suffering from an appreciably below average general intelligence function, or
- the person has been subjected on more than one occasion to conduct by the defendant amounting to a personal violence offence, and
- there is a reasonable likelihood that the defendant may commit a personal violence offence against the person, and
- the making of the order is necessary in the circumstances to protect the person from further violence, or
- the court believes on the balance of probabilities that the person has reasonable grounds to fear the commission of a domestic violence offence against the person.
Matters that the Court Considers
To further understand the restraining order meaning, there are necessary matters that the court must consider.
In making an apprehended domestic violence order the court will have to take into account relevant matters at hand as required under section 17. Thus, in deciding whether or not to make an apprehended domestic violence order, the court must consider:
- the safety and protection of the protected person and any child
- directly or indirectly affected by the conduct of the defendant alleged in the application for the order.
Moreover, the Court must also consider the following matters:
- In the case of an order that would prohibit or restrict access to the defendant’s residence, the effects and consequences on the safety and protection of the protected person and any children. These persons must be living or ordinarily living at the residence if an order prohibiting or restricting access to the residence is not made.
- Any hardship that making or not making the order may result in, particularly for the protected person and any children.
- The accommodation needs of all relevant parties, in particular the protected person and any children.
- Any other relevant matter.
In addition, when making an apprehended domestic violence order, the court is to ensure that the order imposes only those prohibitions and restrictions on the defendant. These restrictions, in the opinion of the court, are necessary for the safety and protection of the protected person or children.
Feeling Unsafe? Talk to a Family Lawyer
Domestic violence is a serious issue in New South Wales, Australia, and unfortunately, it’s a problem that many face. Whether you’re facing threats, harassment, or intimidation, a family violence restraining order can provide crucial legal protection.
Protect yourself and your loved ones by seeking legal advice from an experienced family lawyer from JB Solicitors who can help you understand the situation and guide you through every step of the process. We can help with:
- Lodging a personal safety intervention order
- Confronting family members who have committed family violence or who might commit family violence
- Help represent clients at court who need protection from dangerous family members
Don’t wait for the situation to escalate. Contact us today if you need help acquiring restraining orders.
