The aim of this article is to explain what is an ADVO, by covering certain key points related to the term.
Firstly, to understand what is an ADVO, it is important to know what is an AVO.
AVO stands for Apprehended Violence Order. An AVO is a court order that is made to protect a person from another person who poses a threat to their safety.
The person who the order is made for is the Person in Need of Protection (PINOP). The person who the order is made against is known as the defendant. An AVO protects a person from intimidation, harassment, property damage, threatened damage, stalking, violence, and threats of violence.
An AVO is also known as a Restraining Order, Protection Order, Domestic Violence Order, Family Violence Order, or Intervention Order.
In New South Wales, all such AVOs are made under the Crimes (Domestic and Personal Violence) Act 2007.
Under AVO, there are two types of orders that can be made. These include:
- Apprehended Personal Violence Order (APVO), and
- Apprehended Domestic Violence Order (ADVO)
How To Apply For An AVO?
An AVO can be applied for in cases where:
- You are being intimidated, harassed, or molested. This could be either in person, or by telephone calls, text messages, emails, or in any other way like Facebook and other forms of social media;
- You fear for your safety;
- You have experienced or have been threatened with physical violence; or
- You are being stalked by someone where you work, where you live, or other places that you go to.
When Does The Court Grant An AVO?
The PINOP needs to prove three things to finalise an AVO:
- The PINOP has ‘reasonable grounds’ to fear that the person will commit a violent offence, or stalk, or intimidate them;
- The fear is reasonable in the given circumstances; and
- The behaviour/conduct that is feared justifies the need for an AVO.
What Is An APVO
An Apprehended Personal Violence Order (APVO) is a court order that protects a person from violence committed by a person who they have never been in a domestic relationship with. Among these, the relevant people might include:
- A co-worker
- A neighbour
- A customer
- A former friend
- A client
- A school bully, and
- Any other person they have reason to fear.
If APVO deals with personal violence, what is an ADVO? The major difference between the two can be determined by understanding the relationship between the defendant and the PINOP.
What Is An ADVO
An Apprehended Domestic Violence Order (ADVO) protects a person from violence committed either by someone they are in a domestic relationship with or were formally in a domestic relationship with.
A domestic relationship constitutes either one of the following things:
- Are married, or were married
- Are or were in an intimate personal relationship
- Are or were in a de facto relationship
- Are living together or have previously lived together
- Are or have been relatives
- Have or previously had a relationship where one provides unpaid care for the other person
- Are living or have been living in the same residential facility (with a few exceptions), or detention centre
- In case of an Aboriginal or Torres Strait Islander, have been part of each other’s extended family – according to the kinship system of the concerned person’s culture
Additionally, in Section 5(2) of the Crimes (Domestic and Personal Violence) Act 2007, it is stated that:
“Two persons also have a domestic relationship” with each other for the purposes of this Act if they have both domestic relationship of a kind set out in subsection (1)(a), (b) or (c) with the same person.”
This means that, for the purposes of this Act, a woman’s former partner and current partner would share a “domestic relationship”, even if they have never met each other.
Who Can Apply For An ADVO
Any of the following persons can make an application for an ADVO:
- The potential victim (i.e., the person in need of protection)
- Any guardian of the person who is need of protection, or
- A police officer, known as an informant.
Applications for ADVOs are more often made by police officers. Typically, a police officer can apply for an ADVO in the following two ways:
- Future application: Listing an application for an apprehended domestic violence order
- Provisional application: Issuing the person a “provisional” apprehended domestic violence order
The provisional order made by the police is a kind of temporary ADVO that can be made by email quickly to protect the PINOP until they can go to court.
Police stations have Domestic Violence Liaison Officers. DVLOs are expert officers trained specially in dealing with domestic and family violence cases.
The responsibilities of DVLOs include:
- Providing advice to police and victims
- Maintaining close working relationships with all support agencies
- Reviewing all domestic violence reports and family violence reports and cases
- Assisting victims through the legal and court processes for AVOs
- Monitoring repeat perpetrators or victims
- Assisting with referral to appropriate support agencies
In NSW, you can get in touch with DVLOs by contacting your local police stations.
What Is An ADVO: Points To Remember
- An ADVO is tailored to the individual circumstances of the PINOP. This is done to ensure that it provides the best protection to the person in question.
- An ADVO cannot order a defendant to do something. For instance, a defendant cannot be made to attend counselling or therapy sessions, or any anger management courses.
- An ADVO can, however, prevent the defendant from engaging in activities that causes the PINOP to fear for their safety. This can include assaulting or coming to the house and destroying property.
An ADVO is not registered as a criminal offence. An ADVO will not be listed in the criminal record of the defendant. However, in case of breach of order, i.e., if the defendant fails to obey the court order, then it can lead to a criminal offence.
Importance Of Seeking Legal Advice
If you are wondering what is an ADVO application process, and wish to make a personal application, it is ideal that you seek support from a lawyer. The lawyer can represent your case in the court. Lawyers often work with community workers in ensuring that domestic and family violence is kept at bay in our society.
As experts in legal matters, lawyers at JB Solicitors form a strong and compassionate legal team, and will ensure that your experience will be pain-free.
If you are seeking legal advice in cases where unfair ADVOs have been issued against you, our expert lawyers can build a strong case and make the otherwise nerve-wracking court procedures much easier for you.
Contact JB Solicitors today to have a confidential discussion about your case.